Former Oceanside police officer's video deposition, internal affairs documents released

Woman wins sex harassment lawsuit against city

SAN DIEGO - The attorney for the woman who won a $1.5 million lawsuit against the city of Oceanside showed 10News a video deposition of a former police officer, where he admits he sexually harassed the woman.

"Was there ever an occasion in your interaction with Kimberli when you said to her, 'I would like to bend you over and (expletive) you in the (expletive)?,'" an attorney asked in the video.

"Just that one time," former Oceanside police officer Gilbert Garcia said.

"Where did it happen?" the attorney asked.

"At Oceanside PD," Garcia said.

Garcia settled his case with Kimberli Hirst, who worked as a blood technician for the police department through a firm contracted by San Diego County.

Hirst went on to sue the city.

Her attorney, Dwight Ritter, said the sexual harassment happened more than once, and he said the department knew about it, but did nothing for months.

"This document was the truth serum in the case," Ritter said, referring to an internal affairs report that came out in court.

*Click here to read the report referenced by Ritter

Part of the report reads, "... Officer Gilbert engaged in sexually derogatory and suggestive statements and graphic verbal commentary ... Appropriate and immediate action should be taken against him for his conduct."

"It was lurid, it was sexually graphic, it was personally offensive and it was intimidating," said Ritter, who added once Garcia knew about the internal investigation he intimidated Hirst.

The internal afffairs report, dated September 2009, states, "Officer Garcia violated City policy when he continued to interact with (the victim) following the City's notice of investigation."

Garcia was fired in November 2009.

The jury agreed with the sexual harassment claims sided with Hirst.

Garcia's attorney, Dan Gilleon, told 10News because his client settled with Hirst, Garcia was not in court to defend himself.

Gilleon said Garcia has admitted the comments were inappropriate, and added Garcia has said Hirst also made inappropriate comments to him.

Oceanside is expected to appeal if a judge upholds the jury's award.

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