Officer’s ex claims conspiracy

Two claims filed against the city by a mother and her 6-year-old son are alleging a conspiracy among numerous city employees to cover up abuse by a Huntington Beach police officer charged with assaulting and threatening his wife.

The ex-wife and son of Officer James Roberts III are claiming his actions were allowed by some city employees, including the Huntington Beach Police Department, resulting in emotional distress, property damage, loss of earnings and physical injuries.

Both claims are requesting an amount of more than $10,000 in damages.

The son filed a separate claim through his mother, Shannon Roberts, because of the statute of limitations concerning lawsuits against governments, said the family’s attorney, Gregory Brown.

According to Brown, even though the son is a minor, he can’t wait until he is 18 to file a lawsuit, because the law only allows lawsuits to be filed for a certain amount of time after the alleged incident.

The city has returned both claims without action because they were filed late.

The claims have to be filed within six months after the first alleged incident occurred, said Gordon Eliason, the city’s liability claims coordinator.

Brown said both claims were denied, and the case will go to a lawsuit. The mother and son will likely only file one lawsuit, he said.

The late filing will affect the validity of the claims during the lawsuit, Eliason said.

The city is also accused of negligently hiring and supervising its employees, violating officer domestic violations policies and repeat harassment, coercion and assault and battery by officers.

“The biggest problem is the apparent cover-up,” Brown said.

According to the claim, James Roberts physically restrained and abused Shannon Roberts and has been threatening her and her son’s safety since June 2007.

The situation was allegedly covered up by officers and city employees, allowing the abuse to continue.

Brown said Shannon Roberts would call 9-1-1, and the dispatcher would call the husband to see who he wanted to send to the house.

The claims were brought to the attention of the Huntington Beach Police Department by Shannon Roberts in December, and the department requested a criminal investigation into the allegations from the Orange County Sheriff’s Department that same month, said Police Chief Ken Small.

The Sheriff’s Department and the Orange County district attorney are investigating the case and have so far charged James Roberts with 17 felony counts. Cyril Yu, an attorney with the district attorney’s office investigating the case, couldn’t say if charges would be filed against any other officers.

The Huntington Beach Police Department began its own internal investigation Oct. 15.

The department was asked by the Sheriff’s Department and district attorney to wait to do its own investigation until then, Small said.

The Huntington police will look into not only criminal charges, but any misconduct or breaking from the department’s policies and procedures, Small said.

James Roberts pleaded not guilty to all charges Tuesday.

He is charged with eight felony counts of false imprisonment by violence or deceit, three counts of criminal threats, two counts of domestic battery with corporeal injury, two counts of aggravated assault, one count of dissuading a witness by force or threat and one count of vandalism.

The 17 charges hold a maximum sentence of 14 years in prison, according to a release from the district attorney.

Roberts is accused of forcibly holding his wife against her will three times, once while their son was there.

He also allegedly pushed her down in a bathroom, causing her to hit the bathtub and toilet, and intentionally pushed a door into her when she was standing behind it, according to the release.

He is accused of repeatedly telling his wife he would lose his job if she reported the assault and threatened to kill her at least once.

While still married to his wife, Roberts began dating another woman in 2007 and allegedly physically restrained and assaulted her, according to the release.

He is out on $250,000 bail and expected to begin pre-trial Nov. 23.