A San Francisco police officer disciplined two years ago for misconduct faces new charges that he mishandled a woman's domestic violence report and let the suspect -- who allegedly threatened her with a gun -- walk free.
Under charges that Chief Heather Fong lodged with the Police Commission on Wednesday, Arkady Zlobinsky, a Taraval district officer now assigned to the records room, stands accused of two counts of misconduct stemming from an incident on April 2, 2004.
Zlobinsky, 36, an eight-year veteran, was summoned to a call in the 100 block of Majestic Avenue early that morning by a woman who reported that she had been the victim of domestic violence, according to the charges.
Once at the scene, Zlobinsky and his partner handcuffed the unidentified male suspect and reported back on the radio that the call amounted to a "simple violation" of a restraining order that the woman had obtained.
But in fact, the officers did not pursue that apparent violation and freed the man instead.
Zlobinsky "decided that, since he felt the victim was reluctant to cooperate and since the suspect was willing to leave the premises, he should release the suspect," Fong wrote.
Zlobinsky's partner was not named. It is not clear whether he will face charges.
The matter came to the attention of Police Department superiors after the woman made a second call, reporting that the suspect had called and threatened her. Another officer was sent to the same address, where the woman told him the suspect had earlier threatened her with a handgun, according to the charges against Zlobinsky.
She told the officer that she had given one of the earlier responding officers a bullet that the man had dropped, Fong's charges say. The charges do not make clear which officer received the round.
The officer responding to the woman's second call saw that she had scratches to the right side of her face, which was swollen, according to the charges.
In a memo explaining his actions, Zlobinsky said it never occurred to him to check for outstanding warrants or restraining orders against the suspect, the charges say. The charges do not explain the apparent contradiction between this and Zlobinsky's initial report that the case amounted to a violation of a restraining order.
The Police Commission assigned a member on Wednesday night to look into the case. Zlobinsky ultimately could be suspended or fired if the charges are upheld.
Steve Johnson of the Police Officers Association, which represents officers facing disciplinary action before the Police Commission, declined to comment on the charges, saying he had not reviewed the file.
The case marks the second time Zlobinsky has been accused of mishandling an investigation.
Zlobinsky admitted in 2003 to improper conduct that included transporting women in a police car after meeting them at a party. A charge that he had lied about the incident was dropped as part of a plea agreement.
According to the disciplinary charges, Zlobinsky was with another officer and a third passenger, an unauthorized "ride-along" described as Zlobinsky's cousin, when he responded to call about a noisy party on Ninth Avenue.
After the music was turned down, the three went into the party, chatted with the guests and munched on pretzels, the charges said. Then they took several women to a nearby bar.
After dropping off the women, one of the officers asked one of them for a date.
Zlobinsky never told police dispatchers of his actions.
As part of his plea deal, Zlobinsky was suspended for 15 days, put on probation for two years and ordered to write a 2,500-word paper "about the importance of SFPD officers knowing and following department general orders.
