Stanislaus County sheriff's detective charged with murderAbbey taken into custody for role in off-duty shooting deathMODESTO -- Authorities on Monday arrested a Stanislaus County sheriff's detective on murder charges in the off-duty shooting death of a Modesto woman last year, also alleging that the deputy engaged in a series of illegal activities. The deputy, Kari Abbey, 34, reportedly was fired by the Sheriff's Department on Monday. In court documents, the Stanislaus County district attorney's office said Abbey abused tenants at her rental properties, used fellow deputies to serve eviction papers while they were on duty and conducted her business on county time.  (Stanislaus County Sheriff's Office) - According to law enforcement-This realistic-looking firearm was later determined to be a .177 caliber Crossmen BB-gun.Det. Kari Abbey acted in self-defense during the incident, which took place last Friday evening (09-24-10) on Donald Street in Modesto. Det. Abbey was off-duty at the time, when threatened with a replica semi-automatic firearm by the suspect, Rita Elias. Abbey was with her father and children when the shooting occurred.
In addition, a March 30 search of the home and outbuildings she shared with her husband and father yielded a sophisticated marijuana growing system, several weapons, counterfeit bills, steroids and items from the Hayward Police Department. Abbey's husband, Bennie Taylor, worked for the Hayward police until last year. The search took place as part of an investigation into the September shooting of Rita Elias, 31. Abbey shot Elias, who was staying in a property owned by Abbey's father, during a dispute over rent. Abbey faces charges of second-degree murder and voluntary manslaughter. In addition, conspiracy, embezzlement from a government entity, cultivation of marijuana, receiving stolen property and child endangerment are charged in the complaint. "This is certainly a tragic situation," District Attorney Birgit Fladager said. "Charges have been filed following a thorough investigation. We will now seek to bring this matter to a fair and just conclusion." Abbey's attorney, Robert Forkner, said Abbey "denies each and every allegation. She did nothing wrong." She was released from jail on $300,000 bail Monday afternoon. She will be arraigned in a few weeks, Forkner said. Forkner revealed that the Sheriff's Department fired Abbey on Monday, but the agency wouldn't confirm it. Elias' family members could not be reached for comment. In March, they filed a claim against Stanislaus County seeking damages for her death.
Sheriff 'embarrassed'
Stanislaus County Sheriff Adam Christianson said Monday he was shocked by the allegations against one of his deputies included in the affidavit in support of the arrest warrant filed in Superior Court. "I'm embarrassed and disappointed in the contents of the affidavit," he said. "It doesn't uphold the values and principles that we stand for, nor does it represent the vast majority of employees who work for the sheriff's office." Although Christianson initially called the shooting justified, he said subsequent evidence and witness statements showed that wasn't the case. Investigators said Abbey and Taylor trespassed on properties they owned and managed, harassing and intimidating tenants, assaulting at least one of them. Christianson said he was concerned about claims that the tenants of the properties Abbey managed didn't complain to his department because they felt powerless against a deputy. "I want people to know that they should be able to call us for help without fear of retribution and without feeling like they can't trust us," he said. One tenant called police after Taylor hit him, the affidavit said. Witnesses said the Modesto police officer who responded to the call seemed familiar with Abbey, hugging her and shaking Taylor's hand. Police Chief Mike Harden said he looked into the matter after reading the affidavit, and pulled the officer's report of the incident. He said it appeared the call was handled properly. "Clearly (the officer) knows her. I don't find that peculiar," Harden said. "I've looked at the criminal investigation the officer completed … at first blush, it looks like it's a pretty detailed, comprehensive investigation."
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Thursday, October 13, 2011
Just for posterity's sake Kari Abbey
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The officer, who was not identified, said the matter seemed to be a mutual fight rather than an assault. He explained the arrest procedure to the tenant, who did not seek charges.
Forkner said the basic facts of the Elias shooting remain unchanged: The woman came at Abbey with a replica gun and a tree branch, and Abbey shot Elias in self-defense.
"The bottom line is when somebody pulls a firearm on you, a person or citizen is entitled to respond with lethal force," Forkner said.
Forkner said Abbey did not conduct personal business on county time or use her fellow deputies to serve papers for her for free.
"Nobody is doing favors for her in the Sheriff's Department," Forkner said.
As for the drugs, weapons and counterfeit money found in the Abbey home, Forkner said none of it belonged to his client.
"Other people at the property claimed ownership of the items," he said. He would not say who that was. "I don't want to be pointing fingers. It'll all come out."
Pot belonged to father?
Forkner said James Abbey is a Vietnam veteran who suffers from post-traumatic stress disorder and has a medical recommendation to use medicinal marijuana.
Investigators also said they found loaded guns where Abbey's children, 6 years old and 20 months old, could get to them: in a kitchen drawer and underneath cushions in the family room couch. They reported finding 16 vials of steroids, 54 syringes and some bullet-proof vests from the Hayward Police Department.
Hayward police Lt. Roger Keener confirmed that investigators brought the items to his agency for identification. "We couldn't confirm that it was." He said Hayward is not investigating the matter.
The Stanislaus County district attorney's office still is investigating, however.
"The overall investigation continues," Fladager said. As to whether charges could be filed against Taylor or James Abbey, "We will see what develops."
Christianson would not say if other deputies are under investigation in the case, citing personnel issues.
"I will hold everybody involved accountable," he said. "I will take corrective action to reassure the community that this is not going to happen again."
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