ASBURY PARK -- A hearing officer upheld the demotion of an Asbury Park police captain who left an active crime scene involving a Neptune police sergeant who had shot and killed his former wife in front of their young daughter.

Capt. Marshawn Love has acknowledged leaving the scene of former Neptune police Sgt. Philip Seidle's shooting of his ex-wife, but contends he wasn't the commanding officer at the scene and that he was directed to bring the couple's 7-year-old daughter to police headquarters.

Asbury Park city manager Michael Capabianco on Friday upheld charges of incompetency, neglect of duty and three other allegations against the 21-year police veteran, agreeing with acting police chief Anthony Salerno's recommendation to demote him to sergeant, said Love's attorney, Richard Incremona.

Capabianco also imposed a 120-day suspension, which Incremona said won't be enforced while Love appeals the decision. But his demotion takes effect immediately.

"We are clearly disappointed in the conclusions of the city, especially as they are not supported by the facts adduced at the hearing," Incremona said. "The testimony and proofs offered, such as they were, lacked true substance and were exposed as such when challenged."

At Love's Sept. 30 public administrative hearing, Incremona argued Salerno didn't conduct his own investigation into the incident. Instead, he relied on excerpts of a report by the Monmouth County Prosecutor's Office looking into the law enforcement response to the June 16, 2015, shooting on Sewall Avenue in Asbury Park, he said.

Incremona said the police department ignored portions of the report that he insists exonerate Love. He contended during the hearing that Salerno's recommendation was too harsh for an officer who had no previous disciplinary actions.

"Capt. Love helped save a little girl from harm during an unprecedented and harrowing incident," he said. "He should be lauded, not vilified. He has no record of wrongdoing but is facing severe punishment unjustly."

Although he did not testify at his hearing, Love, through his attorney, defended his actions, saying he left the scene with the Seidles' daughter because another officer - who was first at the scene - told him to "get her out of here."

Love said he was in the best position to comfort her after the traumatic incident because he knew the family and the girl was a friend of Love's youngest son.

But Salerno said that by leaving, Love, as the senior-most officer, left an inexperienced officer and two special officers by themselves at an active crime scene.

Incremona argued the city's rapid response policy gave the officers first on the scene command over events even if they were not the most senior in rank.

The police department also claimed Love violated the rapid response policy, but Capabianco dismissed that charge because it was not filed within the 45-day required period, Incremona said.

Capabianco also upheld the charges of inefficiency or failure to perform duties, conduct unbecoming a public employee and other sufficient cause.

The case will now go to a Superior Court judge to hear on appeal.

Seidle, who was fired from his job after he pleaded guilty to manslaughter in March, was sentenced on Sept. 29 to 30 years in prison.

MaryAnn Spoto may be reached at mspoto@njadvancemedia.com. Follow her on Twitter @MaryAnnSpoto. Find NJ.com on Facebook.