No domestic violence charges for Sacramento cop. His future with agency remains unclear

Prosecutors have declined to formally file criminal charges against a Sacramento police officer arrested last month over allegations that he committed domestic violence.

Since his May 7 arrest, Officer Justin David Shepard’s arraignment had been postponed twice. On Tuesday, prosecutors told The Sacramento Bee they did not have sufficient evidence to file a criminal complaint against Shepard.

Also on Tuesday, the Sacramento Police Department declined to say whether Shepard would be reinstated, pending its own review of the matter.

“The District Attorney’s Office reviewed a criminal referral regarding an incident of domestic violence in this matter. In conjunction with the Sacramento Police Department, the District Attorney’s Office conducted further investigation into the case,” Chief Deputy District Attorney Rod Norgaard said in an email to The Bee. “Based on the totality of the circumstances there is insufficient evidence to file charges and sustain a conviction on the guilt beyond a reasonable doubt standard. Therefore, we are declining to file charges at this time.”

Shepard was booked and later released from Sacramento County Main Jail on a $50,000 bail bond May 7. Sacramento police investigators arrested him on suspicion of corporal injury on a spouse or cohabitant, domestic violence, false imprisonment, making criminal threats against a victim of death or great bodily injury and making a threat with a gun, according to jail records.

The day before his arrest, the Police Department was notified of the alleged domestic violence incident. Police officials said the incident in Natomas, which happened the week before, resulted in visible injuries to the victim.

He was placed on administrative leave and stripped of his peace officer powers “as the administrative and criminal process continues,” according to a Sacramento Police Department news release issued on the day of his arrest.

Shepard initially was scheduled to make his first court appearance May 11 in Sacramento Superior Court, but his arraignment was postponed to June 1. That hearing was postponed a second time to June 9. The Sacramento County District Attorney’s Office said on June 1 that Shepard’s case was under review, which included further investigation into the allegations.

Shepard, 30, has worked for the Police Department for about three years. On Tuesday, spokeswoman Sgt. Sabrina Briggs said Shepard remained on administrative leave and that the department was still conducting an administrative investigation into the incident that led to his arrest.

In last month’s news release, police said California law prohibits any person to be a police officer after a domestic violence conviction.

Police have said the victim suffered visible injuries that did not require hospitalization. Investigators determined that Shepard was off duty when the alleged incident occurred.