Judge says woman can sue Paso Robles over alleged rape by cop

June 27, 2019

Sean Christopher McGuire

A San Luis Obispo judge has tentatively ruled that the woman whom a former Paso Robles police officer allegedly raped can sue the North County city, despite not filing a claim within the normal time frame. [Cal Coast News]

Judge Ginger Garrett issued a tentative ruling on Wednesday, finding it was reasonable that the alleged victim did not meet a sixth-month deadline for filing a claim against the city. Garrett may rule formally at a hearing on Thursday that the woman can sue Paso Robles.

The alleged victim claims, while on duty, former Paso Robles Sgt. Christopher McGuire grabbed her, placed one of her hands on his firearm and the other on his erect penis and asked her which “gun” she preferred. McGuire allegedly raped the woman a few days later and again tried to sexually assault her several months later.

SLO County Sheriff’s detectives 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 District Attorney Dan Dow announced last November that the DA’s office would not file charges against the officer.

Even though DNA evidence found at the alleged victim’s home showed McGuire had sex with the woman and investigators noted the sex acts occurred while the officer was in uniform, Dow said he could not prove the sex acts were not consensual. The California Attorney General’s Office is now reviewing the DA’s decision not to prosecute the case.

McGuire, who has since resigned from the Paso Robles police force, allegedly sexually assaulted the woman after she called 911 to report she had been assaulted by her boyfriend. Other officers left following the arrest of the victim’s boyfriend, but McGuire stayed behind.

While at the woman’s home on Dec. 19, 2017, McGuire allegedly instructed her to hug him, which she reluctantly did. McGuire allegedly grabbed the woman’s hand and placed it on his firearm and his holster. The woman alleges McGuire placed her other hand on his erect penis and asked which “gun” she preferred, according to Garrett’s tentative ruling.

McGuire left the woman’s home but returned within an hour with another officer. The two officers left after explaining the sexual assault response process.

A few days later, McGuire appeared at the woman’s home in civilian clothes claiming to be conducting a welfare check. McGuire allegedly told the woman he needed to speak with her in the detached garage of the home.

The woman accompanied McGuire to the garage, where the officer allegedly locked the door, pulled down his pants and attempted to force the victim to perform oral sex on him. When the woman refused, McGuire allegedly pulled down her pants and raped her.

McGuire then allegedly told the woman he would be conducting additional patrol checks in her neighborhood that evening. McGuire allegedly threatened the woman, instructing her not to tell anyone or he would harm her or have her children taken away by social services.

The then-officer allegedly appeared at the woman’s house several times thereafter, all while he was on patrol.

In April 2018, McGuire pulled the woman over while she was driving with her daughter inside the car. McGuire allegedly expressed anger that the woman informed others of the sexual assault, and he ordered her to drive to her new home.

McGuire allegedly followed the woman to her home and ordered her to enter her bedroom. The then-officer allegedly followed the woman into the bedroom, locked the door, placed his gun on the bathroom counter, unzipped his pants and tried to force the woman to perform oral sex on him.

The woman allegedly fought back and screamed. McGuire allegedly responded by telling the woman to be quiet because he children were home and ordering her to escort him out of the house.

During the initial probe into the case, the woman retained attorney Ilan Funke-Bilu to represent her over the course of the criminal investigation. The woman claims she never discussed potential civil action with Funke-Bilu, and no Paso Robles official notified her of her right to file a claim with the city.

In Dec. 2018, about two months after the six-month deadline to file a claim passed, the woman retained a civil attorney. Her lawyer served a request to present a late claim in February.

Individuals are allowed six months following the deadline to apply to present a late claim. In her attempt to pursue legal action against Paso Robles, the woman has argued she was unaware of the claims process until last December, and she believed her only recourse was in criminal court.

The city of Paso Robles argued the woman was capable of filing the claim on time and should not be allowed to move forward with legal action.

In her tentative ruling, Judge Garrett stated the woman endured a traumatic ordeal, compounded by the sheriff’s office investigation. It was reasonable that she would not pursue civil action within the required time frame, Garrett stated.


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Djgleno

Dan dows investigator denny thinks my face book posts are more importaint then the other 40+ victims of mcguire and burton. If u have stacia burton as a soscial worker your children are likly to be sold .


AmericaTheFree

It’s funny, funny how most here on CCN bitch about this but won’t believe those who are the victims of this kind of chit when they complain. The mind set here is that a person arrested is of course guilty and not worthy of even listening to, especially over chit like this, and is worthy of any abuse doled out by law enforcement.

BUT, when their tax paid Benjamin’s start flowin’ out because of perverted cops like this gem then, and only then, will their ears perk up and an iota of concern surface; and not any concern for the victim but just the dollars.

You get what you pay for y’all, and if not, you sure as hell get what you ignore…


Ted R

I heard Dan Dow is going to be featured in a documentary about the fraud around the Tenborg vs CCN lawsuit. And I heard it’s a highly produced documentary.


Cmonnow

The whole thing is a mess. Obviously this guy needs professional help (perhaps legal as well), needs to grow up, and definitely a different line of work. But something about the whole legal aspect smells. We will all never know the real truth on this one…but just seems like the city is a deep pocket.


Wildrnes

“needs to grow up,”? Just how does a rapist “grow up”?


oldtimer

And the newest Officer hired to Paso Pd replace the rapist; killed an unarmed person attempting to get into their car whom “looked suspicious”.


kayaknut

If true, they were likely just another hand me down from another department. Bad government employees just get handed around until they can either get a permanent disability or early retirement, both give them full salary+ for life. Thank the public unions for this and city administrators not wanting to do their jobs and fire the bad employees or put them in jail.


Djgleno

The city manager tom knew of his disturbing back ground as did his commanding officer chief byrtin burton and his wife selected him because they knew he was dirty and would use his craft to proffit by taking children from low income familys who could not affird to protect them selfs .thats why burton retired cause he got found out . dan dow did not want the backlash so he tipped mcguire off and he ran to tennassee. To avoind prosicution … Rape is only the tip of the iceburg . as dan dow has stoped the sherrifs office from continuing the investigation . ” it s above my paygrade ” dow has even threated my family to keep us quiet … Denny is a real piece of work . asking about my face book not about who the other victims are … I was found not guilty of the crimes mcguire accused me of yett dow still allowed my son to be sold by miss burton to a truly distubed family in atascadero who live off sycamore rd. If u keep my son be prepaired to lose him and your children kidnapping is not looked upon in a good way … Again cal coast tells it like it is raw and uncut . if the tax payers dont wanna pay get the corrupt officials who let this happen out …


oldtimer

Sorry for your circumstances. Glad everyone on CCN really seems to understand how are law enforcement is giving the Badge a bad name.


kayaknut

And who will ultimately be held responsible, not Christopher McGuire, not DA Dan Dow, no one at Paso Robles City government or police department… but we all know who will end up paying….. the taxpayers, just government as usual.


Paso_citizen

And what else is new? This is just one more example of the corruption that has been the hallmark of the Paso Robles Police Department for years (even before the Chitty- chitty bang-bang fiasco with the women police chief a few years ago). And our city officials just turn a ‘blind-eye’ to this and go along.

One of these days (probably way after I am no longer alive) something will happen and enough eyes will open and see just what has and is taking place.

Does anyone see so many parallels between how police are viewed in many, many cities all over this country and what takes place every day right here??


LameCommenter

Who cares anyway? Paso has become a winery trap that’s rattled by constant un-policed motorcycles with removed mufflers. Loud pipes finally became a big $ 800+ fine (27150CVC), no longer just a free “fix it” ticket with a great new law 1/1/2019 but still, Paso cops do nothing.


Not much for a normal citizen to go there for.


The pipes rape your peace and quiet, the cop rapes women, Dow is asleep at the switch. Oh happy day.


FinfreAk

Loud pipes save lives.


oldtimer

Let’s all make a change next election cycle and try to right some wrongs and get these guys out; without party lines I wish.