Hearing Set for Carlsbad Police Officer

A preliminary hearing will begin next week for a Carlsbad police officer who allegedly rear-ended a private investigator’s car and then threatened the investigator with a gun, officials said.

Sharon Murphy, 39, an eight-year veteran of the Carlsbad Police Department, is scheduled to appear in Vista Municipal Court on Tuesday to determine whether she should go to trial, said Deputy Dist. Atty. James Koerber. She is charged with two misdemeanors and two felonies, including reckless driving and unlawful display of a firearm.

Murphy was allegedly involved in a car chase with private investigator Gary Kahn after a confrontation in an Encinitas grocery store parking lot last April 19, Koerber said.

Kahn had been hired by the city to follow Murphy and determine whether or not she qualified for medical disability compensation, Koerber said.

But Murphy’s attorney, James Gattey, said his client’s actions were taken in self-defense. Murphy had learned from a friend that Kahn had been following her, and she tried to confront Kahn because she thought he was someone seeking retribution against her, Gattey said.

“Anyone who is a law enforcement officer is entitled to be concerned,” Gattey said.

According to Koerber, Murphy confronted Kahn in the parking lot. Kahn attempted to drive away, but Murphy chased him in her car, rear-ended his vehicle and drew her gun, Koerber alleged. Kahn eluded her by driving away again, Koerber said.

Gattey said Murphy’s car struck Kahn’s while Kahn was making an illegal U-turn, and he said the officer was justified in drawing her gun under the circumstances.

“I don’t know how they (prosecutors) are going to show that it wasn’t self-defense,” Gattey said.

Murphy put in an application to collect disability retirement pay in January after suffering a job-related injury to her neck vertebrae last year, Gattey said.

As a result of her injuries, she was switched from her duties as a patrol officer to a juvenile detective job, Gattey said.

About a week before the incident, she was placed on leave without pay, pending approval of her employment disability application, Gattey said.

“She is an employee of the department,” Gattey said. “She’s still a peace officer.”