ASBURY PARK — A once high-ranking police officer claims he was unfairly scapegoated after a Neptune cop fatally shot his own wife while Asbury Park police stood by.

In a lawsuit described by the Asbury Park Press, Sgt. Marshawn Love also claims racial bias and retaliation for his role reporting allegations of harassment. Love is seeking a return to his original rank, back pay, and damages. He alleges the acting chief derailed his career — preventing him from becoming chief himself — and that the department spied on him when he took medical leave. He says in the suit the department "refused to advance African American officers."

Love was a captain prior to a two-rank demotion following the June 16, 2015 confrontation in which Phillip Seidle, an off-duty Neptune officer, pursued his ex-wife through the areas of Neptune and Asbury Park in his car before fatally shooting her. Responding Asbury Park Police tried to talk Seidle down after he fired into his wife's car, but didn't physically intervene as he fired a second round into the vehicle.

In a disciplinary hearing last year, City Manager Michael Capabianco said Love violated department policy by not assuming command at the scene himself. In addition to the double demotion, Love was also suspended for 120 days.

Richard Incremona, the attorney who represented Love during the public disciplinary hearing, told New Jersey 101.5 that his client is appealing the ruling and that his suspension is pending the results of that appeal.

"Marshawn Love is a professional and he's handling this in the best way he can," Incremona said.

During the incident, Incremona said, Love left the scene twice. One time he took Seidle's daughter — who'd been in the car as her mother was shot — away from the scene. The second time, he was ordered to bring another officer back to headquarters from the scene, Incremona said. Those departures from the scene were also points of contention at the disciplinary hearing.

"We don't think that any part of this was fair to Capt. Love," he said. "These were unique circumstances that no one in the world was trained for."

Incremona noted that the Monmouth County Prosecutor's Office investigation into the incident determined that Seidle had likely killed his ex-wife in the first of two rounds of firing and that no one could have stopped the first shots he fired at that point. With Seidle serving in neighboring Neptune, Incremona said, it was a difficult situation for everyone involved.

"There were a variety of factors involved as to why other officers did not take physical action," Incremona said about questions as to why Seidle was able to shoot his ex wife additional times. He also kept officers at bay, keeping them taking him into custody by putting the gun to his head before surrendering.

New Jersey 101.5's Jeff Deminski challenged those conclusions in a fiery argument with Acting Prosecutor Christopher Gramiccioni last year.

“Explain to me how this is not a whitewash when a cop is watching a man shoot his wife to death and doesn’t do anything?” Deminski asked Gramiccioni.

Incremona also said there was "no justification" for a double demotion, knocking him back two ranks from where he had been.

"You have an individual here with however many years on who has absolutely no discipline record period in his entire career," Incremona said. "He's criticized for actions or not taking actions where no one else took them either because he's the senior officer on scene."

He said his client is being reprimanded for violating a policy that the department has not properly implemented in the past. A decision on the appeal is not expected for several months.

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Contact reporter Adam Hochron at 609-359-5326 or Adam.Hochron@townsquaremedia.com

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