A San Jose Police veteran potentially faces the loss of his right to own firearms after he was involved in a domestic dispute while off duty—and armed—at a Morgan Hill residence, according to court records.
The Morgan Hill Police Department filed a gun violence emergency protective order against the officer, Bruce Barthelemy, following the Feb. 13 incident. A Santa Clara County Superior Court judge granted the temporary order, court records show.
Barthelemy is scheduled for a March 3 court hearing in San Jose, where a judge may decide if the protective order should be extended up to one year.
“You are required to surrender all firearms, ammunition and magazines that you own or possess in accordance with Section 18120 of the Penal Code and you may not have in your custody or control, own, purchase, possess, or receive, or attempt to purchase or receive any firearm ammunition or magazine while this order is in effect,” states the temporary order signed by Judge Daniel Nishigaya.
The protective order stems from a Feb. 13 incident in which a woman at a Morgan Hill residence called police during an altercation with Barthelemy at a residence, court records state. The woman told police that she and Barthelemy were intoxicated when they got into an argument.
The off-duty officer pushed the woman and prevented her from leaving the residence, says the restraining order filed by MHPD Officer Kyle Tolentino. The woman “became concerned with family’s safety and called police,” says Tolentino’s report.
When Tolentino contacted Barthelemy in front of the home during the emergency call, Barthelemy had a loaded firearm on him and “made statements of killing himself if he was arrested,” the court document says.
It is unclear from the court records if Barthelemy has been charged with a crime in relation to the Feb. 13 incident. The Santa Clara District Attorney’s Office referred questions about the case to MHPD, which did not respond to an email.
SJPD Officer Steve Aponte said Barthelemy is still employed as an officer, and has been on administrative leave since Feb. 15. Barthelemy, who lives in Morgan Hill, could not be contacted.
Barthelemy has been an officer at SJPD for about 14 years, according to numerous sources. He has been involved in a number of high-profile criminal arrests over the years, including a March 2013 incident in which he shot and killed a wanted suspect who attempted to drive a vehicle toward Barthelemy, who was on foot.
An investigation by the DA’s office of that officer-involved shooting found that Barthelemy acted lawfully when he shot the suspect, according to a report on the DA’s website.
