Ventura Harbor Officer Seeks Reinstatement

A deputy harbor master who was released from duty after reporting he had been shot during an ambush by three mysterious assailants earlier this year is now trying to get his job back.

David Shapiro, 59, was shot four times March 5 and returned to work three weeks after the unexplained incident.

Shapiro had planned to retire and then continue to work on a part-time basis for the Ventura Harbor District. But he was let go when he failed a psychological fitness evaluation after the shooting, said Ed Wohlenberg, general manager for the district.

“Based on that review, we did not think it was appropriate for him to return to work,” Wohlenberg said.

Shapiro’s shooting was unusual, according to officials at the harbor district. They said the worst trouble deputies had faced in the previous 17 years was shoving matches with people who had had too much to drink.

Shapiro, who had worked for the harbor district since 1991, was evaluated by a psychologist of his choice, Wohlenberg said.

Now Shapiro is contesting that doctor’s 20-page report and the district’s decision to terminate his employment.

An administrative hearing is scheduled for January, Wohlenberg said.

An attorney for Shapiro has requested all police documents related to the investigation, but the request was denied by the Ventura city attorney, officials said.

Contacted this week, Shapiro said his effort to get his job back was “no big deal.”

He referred questions about the issue to his attorney, Charles Goldwasserof Los Angeles, who could not be reached for comment.

Fitness evaluations are typically ordered by law enforcement agencies if a sworn peace officer has displayed questionable behavior, said Randolph Nutter a psychologist for the Ventura County Sheriff’s Department who conducts such tests.

“A fitness evaluation is done only after management learns of behavior . . . that is questionable, bizarre or is not normal,” said Nutter, who was not familiar with Shapiro’s case. “Behavior that would have them question if the person is acting right.”

Harbor district personnel would not elaborate on why Shapiro was ordered to have the fitness evaluation but said it was related to the shooting.

Although the eight deputy harbor masters at the Ventura Harbor do not carry guns, they are sworn peace officers and are armed with pepper spray. Most work done by the deputies consists of enforcing boating regulations and helping in water rescues.

The nature of the fitness evaluation is determined by the Police Officers Standards and Training guidelines, Nutter said.

“Essentially, it is meant to look for and weed out anyone with emotional problems that could be a liability to the organization,” he said.

Since recovering from his wounds, Shapiro has not only had to deal with questions from his employer but also scrutiny from the police, he said.

According to his account of the shooting, Shapiro was attacked after stopping three men in an inflatable boat at the mouth of the harbor. He described the men as Asian, two in their 20s and the other in his 40s.

Shapiro told authorities he kicked one of the men in the face and was able to partially ward off their attack, letting the assailants escape in their powerboat.

Shapiro was hit four times. All the bullets were apparently fired from a .25-caliber handgun.

He took at least one direct hit to the center of his chest. The shot hit the armored breastplate of his bullet-proof vest and left a large bruise.

Two other bullets passed through his body without striking major organs. One went through his thigh; another went through his right side just below his armpit. A fourth shot grazed his shoulder.

A few weeks after the shooting, police investigators questioned him about inconsistencies in his account of the incident, Shapiro said. The detectives also questioned him earlier this year about a similar shooting he was involved in 20 years before in Farmington, Mich.

According to a police report at the time, Shapiro was shot four times by two men who were trying to rob a store at which he worked.

Shapiro told police he was jumped at night by the two men just after locking up the business.

According to authorities in Michigan, Shapiro was shot with a small-caliber handgun, possibly a .22-caliber pistol.

He also told authorities that during the attack he was able to kick one of his assailants in the mouth, knocking off his ski mask and inflicting serious injury.