Asbury cop punished for Seidle shooting sues city, claims racial bias

ASBURY PARK - A police captain who received a double demotion for his response to the 2015 shooting of Tamara Wilson-Seidle is now suing the city, claiming bias against black police.

Asbury Park Sgt. Marshawn Love, 43, alleges in a lawsuit filed July 26 in Monmouth County Superior Court that the Asbury Park Police Department "refused to advance African American officers" and that the former acting chief derailed his career after he reported allegations of harassment. Love also alleges that the department spied on him when he took medical leave.

In the lawsuit, Love charges that he was a whisteblower who was retaliated against after he reported a fellow officer's sexual harassment claims against former acting chief Anthony Salerno. Love says his once-promising career was derailed by Salerno, alleging that Salerno had other police officers spy on him, and that now deputy chief David Kelso had surveillance vans monitor his home.

He claims that Salerno used the death of Wilson-Seidle, and how police – and in particular, Love – responded to that day, to sink Love's career.

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Double demotion

Love received a double demotion and was suspended 120 days without pay for his role in responding to the June 16, 2015, fatal shooting of Wilson-Seidle in Asbury Park by her ex-husband, former Neptune Sgt. Philip Seidle. Love, who lives in Neptune, was a long-time neighbor of the couple.

The suit, filed in Monmouth County Superior Court on July 26, alleges that Love was "scapegoated for the Seidle shooting" and demoted to sergeant because the police department "refused to advance African-American officers" and to block him from a shot at becoming the department's chief.

The suit names the city of Asbury Park, the Asbury Park Police Department, and Salerno as defendants. Love is seeking reinstatement to the rank of captain, back pay and punitive damages.

The suit says a policewoman reported a sexual harassment allegation involving Salerno to Love in 2014 and that Salerno later suspected Love informed city officials that Salerno took a personal trip to Florida using his city vehicle.

The suit also says Love was illegally placed under surveillance by the police department. Court documents say he was placed on medical leave as a result of mental health issues arising from the disciplinary process for the Seidle case.

"We firmly believe that Marshawn has been wronged here and that the conduct as we’ve listed in the complaint has had a tremendous detrimental effect on him personally and professionally," his attorney Gregory Noble told the Press.

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Leaving the scene

Everyone agrees that Love twice left the scene of the Wilson-Seidle shooting. But whether it was proper has been a matter of debate.

Seidle, who was off-duty at the time of the shooting and had the couple's seven-year-old daughter in the front seat of his Honda Pilot SUV, pursued his ex-wife during a high-speed chase, crashing on Sewell Avenue near Ridge Avenue.

As his young daughter watched from the front seat, Seidle fired two barrages of bullets from his police-issued .40-caliber Glock pistol shortly after 11:30 a.m. Love removed the girl from the scene and drove her to the Asbury Park police station before returning. The suit says Love left a second time at the direction of then Capt. David Kelso, who directed him to bring another officer back to headquarters.

Authorities said Wilson-Seidle likely died almost instantly during the first barrage of bullets.

Seidle held police at bay for nearly 20 minutes as he put the gun to his head and shouted he was fed up with his ex-wife and their divorce proceedings.

He soon surrendered, however, and was taken into custody. Seidle pleaded guilty to aggravated manslaughter on Sept. 29, 2016, and is serving a 30-year prison term at New Jersey State Prison in Trenton.

Because the first barrage from Seidle happened so fast – a matter of seconds after the crash – Monmouth County Prosecutor Christopher J. Gramiccioni said later that his office's investigation found that police could not have prevented her death. But he did recommend that Love, along with two other Asbury Park unidentified officers, face discipline for their response at the scene. You can see a video where Love's attorney at the disciplinary hearing, Richard Incremona, discusses the Seidle incident above this story.

Seidle-Wilson's nine children have filed a federal lawsuit where they allege that Asbury Park officers did not respond properly to the scene and that the Neptune police department and the Monmouth County Prosecutor's Office failed to adequately discipline Seidle and take his service weapon away.

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Disciplined

Love and Salerno faced each other at a tense public disciplinary hearing at Asbury Park City Council chambers in late September 2016, where Salerno told City Manager Michael Capabianco he could not have Love in a "command level" position. He said that Love violated department policy by not assuming command at the scene. You can watch a video of the hearing below.

Love's attorney at the hearing, Richard E. Incremona, argued at that Love's actions were justified and consistent with department policy. Love was the only officer Salerno brought up on disciplinary charges.

On November 16, 2016, Capabianco ruled against Love, siding with the police chief's recommendation that Love be demoted two ranks to sergeant and receive a 120-day suspension without pay.

A few days later when Love received his formal disciplinary notice, the suit says a doctor recommended he take three weeks off to deal with "medical issues that had arisen during the pendency of his case."

The suit says Salerno ordered two officers to travel to the doctor's office and ask about the visit, and that Kelso requested the use of a gray surveillance van to watch Love during his time out.

Salerno, 64, retired from the department in April and Kelso was shortly after named deputy chief, the top leadership position in the department.

Love, 43, first joined the force in 1996. According to public records on datauniverse.com, this past year he made $122,000 per year.

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Previous disputes

Salerno and Love had a long history dating back to when Salerno supervised Love when he was a captain on the force and Love was a sergeant, according to the lawsuit.

In 2006, an Asbury police officer, Jessenia Davila-Vick accused Salerno of sexual harassment and filed a legal complaint in Monmouth County Superior Court.

Davila-Vick and the police department reached a settlement in 2011, and Salerno was told to have no further contact with her according to the suit.

But three years later, in 2014, Davila-Vick was allegedly harassed again by Salerno, and she reported the incident to Love.

Love reported the incident to then Asbury Park Police Chief Mark Kinmon, the lawsuit says. The suit says Salerno was promoted to deputy chief over Love in May 2014, and Salerno went on to become acting chief. "It was no secret that (Love) desired the police chief title and was in line for the same," the suit alleges.

The suit also alleges that Salerno thought Love was behind informing city officials that Salerno had taken a personal trip to Florida in his city-issued car in January 2015. As a result the chief was told by the city not to use his vehicle for personal use again.

Salerno could not be reached for comment by the Press. Kelso did not respond to inquiries from the Press asking about the allegations regarding the surveillance by deadline.

Asbury Park City Attorney Frederick Raffetto told the Press the city had not been served with papers regarding the suit.

"Presuming that the city is served with a complaint at some point in the near future, it is the city’s policy not to comment on any matter of pending litigation," Raffeto said in an email.

Austin Bogues 732-643-4009; abogues@gannettnj.com