I received a couple emails purporting to be from Lt. Shawn Murray via the "Contact Us" link"
Quote:
|
Originally Posted by 14 Sept 2011
The following message was sent to you via the Police Abuse, Brutality & Misconduct in America Contact Us form by shawn murray ( mailto:srm32012@hotmail.com ).
--------------------------------
Please remove "Oceanside, Ca Cop arrested from beating exgirlfriend" from the internet. This article contains false and misleading information. The article is false, misleading and defamatory. I had to sue the city Carlsbad in Federal Court to clear my name. In May of this year I was awarded $87,500 in damages from the City of Carlsbad. Carlsbad PD was directed by a Federal Magistrate in the Southern District of California to retrain their police officers in domestic violence responses and investigation. Please take this atricle down and block it so google and others cannot continue to pick it up on "crawls". Thank you.
--------------------------------
Referring Page: http://www.thumperwatch.org/cops.off...irlfriend.html
IP Address: 82.191.163.246
User Name: Unregistered
User ID: 0
Email: srm32012@hotmail.com
|
Quote:
mod@thumperwatch.org
Message flagged
Thursday, September 22, 2011 9:23 PM
The following message was sent to you via the Police Abuse, Brutality & Misconduct in America Contact Us form by CDG ESQ ( mailto:cliffgandy@ritalinware.com ).
--------------------------------
http://www.thumperwatch.org/cops.off...irlfriend.html
This article must be removed as the case has been dropped and the additional comments are considered to be of libel in nature and your site will be added to the current law suit pending in the libel assault on a peace officer.
This constitutes formal notification as required by California Law.
--------------------------------
Referring Page: http://www.thumperwatch.org/cops.off...irlfriend.html
IP Address: 72.67.10.31
User Name: Unregistered
User ID: 0
Email: cliffgandy@ritalinware.com
|
First, I'm hard pressed to see what information here is false and misleading. The article that I cited remains to this day on the San Diego Union-Tribune's web site:
Oceanside cop arrested in assault of ex-girlfriend
I'll quote from the article a little more generously this time around:
Quote:
|
Originally Posted by San Diego Union Tribune on 19 August 2008
An 18-year Oceanside police veteran has been arrested on suspicion of domestic violence and battery after authorities were called to his home late Sunday night, police said.
Lt. Shawn Murray was arrested after his ex-girlfriend reported that he choked and dragged her through his home on Flat Rock Street near Rock Ridge Road, said Carlsbad Lt. Kelly Cain.
The incident began late Sunday night and continued into early Monday morning. Police said the victim and Murray dated and were ending their relationship at the time.
Officers who went to the home said her throat was red, which led to his arrest, Cain said
Murray was booked into the Vista jail on suspicion of domestic violence and battery and was free Tuesday after posting $25,000 bail.
|
Is he claiming he wasn't arrested? Why did he post $25,000 bail if he wasn't arrested? Did a Union Tribune reporter just make all this up?
Subsequent to these events, Lt. Shawn Murray sued the City of Carlsbad, California, and
a U.S. District Court judge ruled "that Carlsbad police were on proper legal ground when they arrested a veteran Oceanside police lieutenant in 2008 after his ex-girlfriend said he had choked her":
Quote:
|
Originally Posted by North County Times on 21 July 2010
In making the finding, U.S. District Judge Barry Ted Moskowitz granted the city of Carlsbad's request that he dismiss a portion of the suit Oceanside Lt. Shawn Murray filed in federal court, alleging he had been the victim of a false arrest and an improper search of his home.
Murray was arrested at his Carlsbad home Aug. 18, 2008, after a former girlfriend --- who was a former Carlsbad police officer ---- alleged she had been physically attacked during a confrontation at Murray's home. County prosecutors reviewed the case and declined to charge the veteran Oceanside officer.
On Monday, Moskowitz issued a finding that Carlsbad police had probable cause to arrest Murray for domestic violence at the time. In making the finding, the federal judge dismissed Murray's claim of false arrest.
...
In his 16-page ruling, the judge found that the arresting officer, Dzung Luc, had grounds to arrest Murray and that his decision to do so was "objectively reasonable," based on what Luc said he heard and saw when he responded to the scene.
|
Further, it appears that the $87.5K that he claims he was "awarded" (magistrates normally do not render judgments and awards) was in fact
a negotiated settlement with the City of Carlsbad:
Quote:
|
Originally Posted by North County Times on 7 June 2011
The city of Carlsbad has agreed to pay $87,500 to an Oceanside police lieutenant to settle a lawsuit alleging that Carlsbad officers illegally searched his home and truck during a domestic violence investigation.
Carlsbad police officers must also undergo additional training on "the proper scope of a search for weapons incident to arrest for domestic violence," according to settlement documents obtained Tuesday by the North County Times.
Oceanside police Lt. Shawn Murray, who filed the Civil Rights Act lawsuit in 2008, confirmed the terms of the settlement to the Times on Tuesday, but declined further comment. He agreed in the settlement not to say anything more about the case to the media.
"The case was settled ... to bring an end to litigation, avoid appeals and avoid protracted litigation," Carlsbad City Attorney Ron Ball wrote in an email Tuesday.
|
In the end,
prosecutors decided not to pursue the original case:
Quote:
|
Originally Posted by North County Times on 7 June 2011
Officers arrested Murray on suspicion of choking and dragging his ex-girlfriend ---- who is a former Carlsbad police officer.
The officers handcuffed Murray and booked him into the Vista jail. He posted $25,000 bail at 4:41 a.m., two hours later.
The San Diego County district attorney's office reviewed the case but declined to file charges.
|
More on the original case and a prior 1991 domestic case with a different woman can be found here:
San Diego Union Tribune (22 Aug 2008): Police lieutenant says he didn't attack woman at his home