SAN DIEGO (CNS) - A judge Thursday denied a defense motion to dismiss a felony stalking charge against a San Diego police sergeant accused of harassing and threatening a female colleague he once dated.
Judge Charles Rogers also denied a request to reduce the charge against 48-year-old Kenneth H. Davis from a felony to a misdemeanor.
Davis, a 23-year department veteran, is also facing three misdemeanor counts of making harassing telephone calls.
The alleged victim, a 13-year SDPD veteran, testified at a preliminary hearing in May that Davis continually called and sent her text messages after she told him their relationship was over last year.
"He told me if I ever left him, he would kill me," she testified.
Judge John Einhorn ruled at the preliminary hearing that enough evidence existed for the case against Davis to proceed to trial. Judge Rogers Thursday declined to overturn that ruling.
Defense attorney Ward Clay told Rogers that Davis never made a "credible threat" to the alleged victim.
But Deputy District Attorney Teresa Santana said it was "troubling" that Davis repeatedly tried to contact the alleged victim, telling her that he could see her car parked outside her ex-husband's home and showing up at her workplace.
"She was terrified," the prosecutor said.
A sergeant and lieutenant even talked with Davis about his "scary" behavior, Santana told the judge.
Rogers ruled that Davis posed an "implied threat" to the alleged victim and it was reasonable to conclude that she was in fear for her safety.
"Doesn't it sound like he just wasn't going to take 'No' for an answer?" the judge asked.
Clay also argued that Davis - who has no criminal record - was a good candidate to have the felony charge reduced to a misdemeanor.
But Santana disagreed, saying, "He's someone who should have known better."
Davis, who was reassigned to desk duty pending the outcome of his case, will be back in court Sept. 7 for a readiness conference and his trial is set for Oct. 31. He faces up to three years in prison if convicted, Santana said.
He is one of several sworn members of the SDPD accused of misconduct in recent months. The accusations against the officers range from drunken driving while off-duty to raping a prostitute while on-duty.
