SDPD officer to be charged Tuesday, may resign - CBS News 8 - San Diego, CA News Station - KFMB Channel 8

SDPD officer to be charged Tuesday, may resign

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SAN DIEGO (CBS 8) - The San Diego police officer accused of sex crimes against several women will be charged on Tuesday and is considering resigning from the force.

San Diego police officer Christopher Hays faces charges in connection to four women who claim he touched them inappropriately during routine searches.

The defense attorney for Hays says attorneys at the San Diego County District Attorney's office contacted him and plans to give him 400 pages of evidence and charge Hays on Tuesday with two felony counts of false imprisonment and three counts of misdemeanor sexual battery.

"He might have not performed the frisk 100 percent accurately according to how he was trained in the academy but definitely no cupping of the palm or the hands or anything like that," said Kerry Armstrong.

He is representing Hays in the criminal case of four women but more charges could be added.

Since the investigation, police have contacted women Hays had contact with in listed reports.

A fifth alleged victim was found in the internal affairs investigation and two other women came forward through an attorney.

A total of seven women have accused Hays of wrongdoing ranging from soliciting oral sex, to sexual advances and inappropriate touching during frisks. He has only been charged with the four initial women involving inappropriate touching.

"They are either lying or mistaken," said Armstrong.

One woman alleges Hays told her to keep from getting arrested he forced her to give him oral sex in his patrol car while on duty.

"All I can say is what he has told me is that he has never had oral sex from some woman while he was on the job," said the attorney.

One of the women does not accuse Hays of sexual misconduct.

Armstrong says Hays' wife plans to stand by her husband and family and friends will fill the courtroom to support him.

"She is definitely 100 percent behind him she believes he didn't do anything improper in this case and she has not moved out trust me," said Armstrong.

Hays has been on the San Diego Police Department for four years and has been honored with a life saving award from the Burn Institute for his heroic efforts to save a woman from a burning home. He served in the Marines for four years and has two young boys.

"I think a lot of people look at him and say, 'well these charges are being leveled against him, he must be some kind of monster.' He is a good southern boy who came out to California to join the Marine Corps and met this lady and ended up marrying and decided to stay," said Armstrong.

Hays father-in-law is a SDPD assistant chief and the attorney denies the rumors strings were pulled to get Hays on the force.

Armstrong says Internal Affairs investigators questioned Hays for four to five hours about the four women connected to the charges.

"He was shown I believe a total of four, I don't know if they are mug shots or photographs and he did recognize the four women he was shown as women he arrested or either had contact with," said Armstrong.

A woman came forward in December 2013 but the allegations go back to October 2012.

Hays' attorney doesn't deny Hays took home some of the women home because they had too much to drink. He says some of the accusers have a criminal history.  

In court, Hays told his attorney he will not make a statement but in a conversation with his attorney Hays told him he plans to stand by his attorney and defend himself, "'I want to stand there and let people know that I'm not going to run away from this. I know I am being accused of something horrible but I want to face it.'"

Hays could face additional charges. The attorney says Officer Hays is considering resigning not because he believes he did something wrong but there are certain advantages to resigning now as opposed to the possibility of getting fired later. 

Armstrong stresses Hays has not made a final decision on whether he will step down. He should know by midday on Tuesday.

Hays' arraignment is scheduled for Tuesday at 1:30 p.m. in the downtown courthouse in San Diego County.

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