The Santa Clara County District Attorney’s Office has decided that there are no grounds for charges against the SJPD officer, who faked the arrest of a 15-year-old boy who he believed had sex with his teenage stepdaughter. They said that the officer was acting within his rights to investigate crimes, particularly when the crime involves minors. The boy was handcuffed in his home and lectured by the officer before he was released. The boy’s father videoed the incident on his cell phone, and it has since gone viral on the internet.
The decision does not, however, clear the officer entirely. He is still on paid administrative leave, while the internal affairs division decides if he broke protocol. Based on the DA’s conclusions, the decision by internal affairs could go both ways. The officer’s own lawyer, Terry Bowman, admits that the policeman was acting “as a concerned father,” and the question is whether he can ratchet that concern up a notch with his police uniform.
In response to the incident, the SJPD is developing a new policy that would require officers to recuse themselves from any cases involving family members or business partners. The boy’s parents are disappointed by the DA Office’s decision, but are still intent on pursuing a civil case against the officer and the city. “Te police officer is being treated differently by the system than both children,” they say. “We were taught that police officers are held to a higher standard than average citizens.”
Read More at the Mercury News.