Asbury Park police Capt. Marshawn Love says he didn't violate any policies or rules by leaving the scene of a fatal shooting while it was still active
ASBURY PARK -- An Asbury Park police captain facing demotion for leaving the scene of an active shooting insists he didn't violate departmental policy and says he was justified in driving back to police headquarters that day.
As the most senior person at the scene of off-duty Neptune Township police Sgt. Philip Seidle's fatal shooting of his ex-wife on June 16, 2015, Asbury Park police Capt. Marshawn Love had a duty to remain there and take control of a chaotic situation, acting police Chief Anthony Salerno said at Love's administrative hearing on Friday afternoon.
But Love, a 21-year veteran of the department and a neighbor of the Seidles, left an inexperienced police officer and two special officers at the shooting site while he took the Seidles' 7-year-old daughter to police headquarters, Salerno said.
"As the head of this department, I cannot have a person in a command level position that fails to take command," Salerno testified at Love's disciplinary hearing. "It's incumbent upon him to use good judgment."
Disciplinary hearings are usually held in private but Love, who is well known in the city, chose to have his in public. The hearing, presided over by city manager Michael Capabianco, was moved to the city council chambers where more than two dozen people, including several from the police department, watched on.
Love is charged with incompetency, inefficiency or failure to perform duties; conduct unbecoming a public employee; neglect of duty; other sufficient cause and violation of the city's rapid response to an active shooter policy.
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Salerno is seeking to have Love demoted two levels to sergeant. He said he was acting primarily on the recommendation of the Monmouth County Prosecutor's Office, which in June issued a report about police officers' response to the Seidle shooting.
Love admits he left the shooting scene, which was still considered active because Seidle, after shooting and killing his ex-wife Tamara Wilson-Seidle on a city street, held a gun to his head, keeping police at bay for more than 40 minutes.
The couple's 7-year-old daughter was in Seidle's car when he chased his ex-wife through the streets of Asbury Park, rammed her Volkswagen Jetta and got out his vehicle and fired two rounds at Wilson-Seidle, who was trapped in her car.
In between the two rounds of shots, the couple's daughter got out of her father's car and ran to safety. Love, who did not testify at Friday's hearing, told investigating officers at the time that he brought the child to police headquarters because another officer ordered him to "get her out of here."
Salerno said Love, who was the senior officer on scene at the time, should have directed another officer to take her to headquarters.
"He let his personal...," Salerno said before Love's attorney, Richard Incremona, cut him off.
Incremona, said it made more sense for Love to take the girl, who is friends with Love's youngest son, because as a friend of the family, Love could help comfort her.
He argued Love violated no policy because he said the police department's rapid response policy gave the first-arriving officer command over the scene and the ability to give orders to Love, even though Love was his superior. He said the policy doesn't automatically put the highest ranking officer at the scene in command.
Salerno, who became acting chief in 2014, acknowledged that no police officers have been trained in the rapid response policy since its adoption in 2007.
At one point during the three-hour hearing, Incremona got into a shouting match with city labor attorney Steven Glickman, prompting Capabianco to threaten to end the proceedings.
Capabianco said he has 30 days to render a decision.
Seidle, who was fired from his job after he pleaded guilty to manslaughter in March, was sentenced on Thursday to 30 years in prison.
MaryAnn Spoto may be reached at mspoto@njadvancemedia.com. Follow her on Twitter @MaryAnnSpoto. Find NJ.com on Facebook.