Attorney general reviewing Dow’s decision not to charge officer with rape

April 25, 2019

Sean Christopher McGuire

The California Attorney General’s Office is reviewing a decision by the San Luis Obispo County District Attorney’s Office to not charge a Paso Robles officer accused of sexual assault while on the job. [Tribune]

Even though DNA evidence found at the alleged victim’s home showed former Paso Robles Sgt. Christopher McGuire had sex with a woman who called for help with a domestic issue at her home, District Attorney Dan Dow said he could not prove the sex acts were not consensual. Investigators noted that sexual acts occurred while the officer was in uniform.

McGuire, who has since resigned from the Paso Robles force, allegedly sexually assaulted the woman after she called 911 to report she had been assaulted by her boyfriend. While other officers left following the arrest of the victim’s boyfriend, McGuire stayed behind and allegedly pulled the victim on his lap, and sexually assaulted her.

A few days later, McGuire returned to the home and ordered the woman to perform a sex act in her garage while threatening to have SLO County Child Welfare Services take her children if she did not comply, the victim said. Investigators later found McGuire’s DNA in the alleged victim’s garage.

The SLO County Sheriff’s Office conducted an investigation and found at least three women who alleged McGuire assaulted and harassed them or engaged in misconduct in their presence. The sheriff’s office recommended prosecutors charge McGuire with forcible rape, attempted forcible rape and assault and battery, but Dow announced last November that the DA’s office would not file charges against the officer.

In February, Brian Claypool, a lawyer representing the alleged victim requested that the attorney general’s office review the case. On April 10, Deputy Attorney General Nancy Lii Ladner sent a letter to Claypool saying state prosecutors are reviewing the case and will inform him of their findings.

SLO County prosecutors are cooperating the attorney general’s office as it reviews the case, Dow said.

Meanwhile, the alleged victim is attempting to advance a civil case against McGuire. The alleged victim is trying to file a lawsuit, but she must petition the court for a late claim because the six-month statute of limitations has passed.

Claypool said his client has a strong chance of getting around the typical statute of limitations since the sheriff’s office investigation, with which the alleged victim cooperated, lasted for three months after she reported McGuire. The DA’s office then took an additional two months to conduct its review.

Additionally, the case has prompted Central Coast Assemblyman Jordan Cunningham to introduce a bill that would close legal loopholes in order to make it easier for prosecutors to charge public officials who use their authority to gain sexual favors.


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rockhound1965

Finally!! This is one of the most disturbing incidents in SLO Co. Not only was this woman victimized by the officer, then to have the very person (Dow) who is supposed to help her get justice victimizes her again. I’m glad someone is investigating what Dow is up to.


DocT

Reverse the roles. IE, what if the woman had forcibly raped McGuire? What if the woman was investigated by the sheriff and it was recommended by the sheriff that DA Dow prosecute her for assaulting an officer, forcible rape, etc?


Would Dow have come out saying there wasn’t enough evidence to prosecute a woman who forcibly raped a police officer? I think not!


As long as we continue to belong to the Cult of Authority worship and as long as we pretend that we all need armed thugs, who have general immunity from crimes they commit in the line of duty, who have a monopoly on force and a mindset of superiority……this type of thing will grow worse and worse!


Today, every encounter with law enforcement is a potentially deadly encounter. Every encounter with police today is a huge legal risk. Don’t believe me?


If you came home from work and were unexpectedly followed home by a police car and saw another one parked in front of your house would you feel safe? Would you say to yourself, “I am the most safe and secure I could possibly be, because police are here to protect and serve.”


No….we’d all be scared to death to be followed by a cop. Because of stories like this one and many, many others.


This won’t improve until people stop signing up to be cops.


what the

Holy crap, Dow. The Sherriff said s prosecute for forcible rape and you turn a blind eye. You are as bad as the rapist. Protecting every dirty scumbag in your club.


Boldguy

I wonder if this incident, as well as others that have highlighted Dan Dow’s incompetence, rise to a level of being Civil Rights violations to the victims, that he either neglected to file charges or bumbled the case at trial, to protect the victims by putting the perpetrators behind bars?

I know it’s a stretch, but this level of incompetence can’t be legal!


diamond

There is overwhelming evidence and a long history of sexual assaults against McQuire, including sexual contact with an underaged police explorer while at his previous department, before transferring to the Paso Robles police Department like a catholic priest. AND, the detective from McQuires own department, after collecting mounds of evidence, recommended to Dan Dow that charges be filed. I guess we won’t even talk about his on duty shooting / killing of an unarmed man before coming to Paso or that he failed his first year of probation at his first police job….


carternsue

Thanks for your comments and background of McQuires. I’ve noticed since following the local news more carefully, I see a pattern that is downright scary, of county employees (including P. officers) accused of terrible crimes have gotten off the hook mostly with paid leave or vacation and a slap on the hand. Most recently was a County employee that assaulted two innocent people he didn’t even know at a bar that was videotaped and clearly showed this gross assault was totally out of line. A lady was knocked unconscious and a man slugged several times in the back of the head for no apparent reason, both could have died. He also got just a slap on the hand, etc.(felonies dismissed) l hope you get the picture, we’re not only concerned and upset but want the same justice and mercy for every person, not just for a select few!!


saywhat

Just for the record, the bar assault incident was a City of San Luis Obispo employee (rather than County) like the violet Fire guy who is also a City of San Luis Obispo employee…and others. When you see one cockroach, there are 100 hiding.


kayaknut

Does this mean someone at the state level is finally starting to notice DA Dan Dow’s multiple failures?


diamond

Finally, hope of someone doing Plea Deal Dans Job for us.