The San Diego County District Attorney’s office has yet to file criminal charges against a Chula Vista police officer accused of an off-duty domestic violence incident that occurred in San Diego earlier this month.
District Attorney Public Affairs Officer Tanya Sierra said Monday that charges have yet to be filed against Leopoldo Armando Chousal because the case is still under review.
According to the San Diego Police Department, officers were called out to the area of 6400 Potomac Street in San Diego on March 14 in response to a domestic violence incident.
During the incident, it was alleged the suspect, Chousal, 27, made criminal threats to harm his girlfriend, a SDPD news release states.
Chula Vista Police Department said in their own news release that Chousal returned to the residence where the alleged incident happened later that night.
CVPD personnel was present and Chousal was immediately placed on paid administrative leave with suspension of peace officer powers, according to the Chula Vista police statement.
Police Capt. Vern Sallee said the suspension of peace officer powers includes making arrests and having the right to a police issued firearm.
Sallee said it is common to suspend an officer’s peace officer powers when they face an ongoing investigation.
Chousal also turned in all police issued weapons and police identification as part of his suspension.
Sallee deferred all questions about the incident to SDPD since it is their case but called the allegation a serious matter.
“It’s a serious allegation, we take all allegations of misconduct very seriously,” he said.
“This is a very fresh case and so there’s some steps that have to be resolved, that takes some time and then there is going to be a confidential, internal personnel decision we are going to make here with regard to how we are going to move forward.”
SDPD declined to comment outside of what has already been stated in their news release.
Sallee said Chousal was put on paid leave because the department does not offer unpaid leave.
Sallee said Chousal has due process rights that the department must follow which requires CVPD to do a full investigation and a civil service hearing. CVPD’s investigation will have to trail that of SDPD’S as they try to get information from them.
Sallee said a portion of their investigation will be independent as they will have to interview the people involved in the case and any witnesses.
Based on the findings of their investigation, the department will recommend disciplinary action, if appropriate, Sallee said.
“A lot of times we have to let the criminal allegations be resolved before we finalize our case,” Sallee said. “It’s an allegation at this point so if the DA decides not to charge him than that changes the circumstance, although we would still do an internal investigation to see if he did something inappropriate.
But a lot of what the city does (with their investigation) hinges on the results of the criminal investigation because it either strengthens or weakens (the investigation.)”
Sallee said typically circumstances that place an officer on administrative leave include any kind of serious misconduct allegation, any type of arrest, or any instance of corruption within the department.
Sallee said all city employees are entitled to civil service rights and due process but that because of their job, investigations into a police officer is on a higher level.
“They are treated the same, if not more seriously,” he said. “Because of the nature of policing, the police department does hold itself to a higher standard.”
