By Tim Ryan

SAN JOSE (KCBS) – The 15-year-old boy charged with having sex with the underage daughter of a San Jose police officer is planning to sue the officer after the boy was handcuffed and led to believe he was being arrested by the off-duty officer, according to a published report.

The San Jose Mercury News reported that the boy wants the officer jailed over the fake arrest, and that the boy’s attorney plans to file a civil lawsuit.

KCBS Tim Ryan Reporting:

KCBS attempted to contact an attorney representing the police officer for comment, but had yet to hear back from him Monday afternoon.

The incident depicting the officer’s arrest of the teen was recorded by the boy’s parent’s cell phone.

Attorney Tony Boskovich said the officer rode to the boy’s house in uniform at the end of his motorcycle shift, and handcuffed the boy under the pretense of having committed a sex crime.

Boskovich said the officer was furious and that he kept calling the kid “a piece of [expletive]”.

Boskovich wants the officer charged with felony charges including kidnapping, burglary, false imprisonment and a firearms enhancement.

“He had every intention of not acting as a police officer when he did it because he didn’t have his badge on,” said the boy’s attorney. Boskovich maintained that the officer had removed his badge.

The decision to identify the boy’s family was not easy according to Boskovich.

“Everybody at his school knows,” he said.

The officer is under investigation and the teens face charges of underage sex.

(© 2010 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

Comments (10)
  1. Dan says:

    The kid is lucky it wasnt my daughter….lawsuit????? he’d be needing a wetsuit

  2. Bloodhounds says:

    I’m so sick and tired of police thinking they have different rules then the rest of us. His step daughter is 14, I don’t think the boy should take all the blame for having sex. It takes two.

  3. judge dredd says:

    wow, you sure are a tough guy!

  4. pologirl21 says:

    I agree with Bloodhounds that cops think they can get away with anything now a days. That cop should of been home teaching his daughter sex ed, instead of harrassing the kid. Also what teen isn’t having some sort of sexual relations with each other? Parents should be doing their jobs as parents and talking and teaching their children about sex ed, instead of having dumb cops abusing their power.

  5. Another Dad says:

    This is nonsense! The boy should be in jail for statory rape. Consent is not the question for an under age girl. He should be thanking the cop for not arresting him. Where are the boy”s parents?

    1. monicaloud says:

      Are you sayting that the boy is the only guilty party in this???? You need to take your head out of your ass and realize the the girl is just as guilty of not more so for even letting over while baby sitting…..Both should be charged the same!

  6. Reasonable Guy says:

    Let’s take the police officer out of this issue, momentarily.
    I haven’t heard the parents of the boy take one iota of responsibility, or, their son take any blame. Both kids are guilty and both have been criminally cited.
    It would appear that the boy is bragging at school about the incident, If I was his parent, I would be irate. Keep your mouth shut, respect the girl, take your punishment as a learning experience. Leave the cop alone, maybe he taught your son a valuable lesson and maybe he’s done society many favors in his years of service….Society & Attorneys are into litigation too much!!

  7. monica says:

    Why hasn’t the DAUGHTER of this Police Office been charged with anything? She is just a guilty as this young man. She wasn’t forced … she agreed and wanted to have sex with this young man. If you charge one you should charge both. The STEP DAD overstepped the bounds.

  8. ken says:

    your right find an honest cop you’ll find a new reason to pay out a little more protection $$$$

  9. john says:

    It’s amazing how so many are anti-cop. There was no requirement/law to arrest, but there is law stating he is allowed to detain. His only mistake might have been a department policy violaiton for not making a written report (if he didn’t do one).

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