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.
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