UPDATED: Murder trial delayed as prosecutor seeks restraining order against veteran cop.

The trial of a man accused of murdering a 6-year-old boy struck by a bullet that flew through the wall of his East Salinas home five years ago may be delayed until fall, as the lead prosecutor deals with personal upheaval that has him seeking a restraining order against a retired veteran cop.

The trial of accused killer Bernardo Camacho was supposed to start March 9, when Monterey County Superior Court Judge Pamela Butler asked defense attorney Jai Gohel and prosecutor David Rabow to announce they were ready to begin jury selection in the case against Camacho, suspected of killing Azahel Cruz in 2010.

The District Attorney’s office asked for a continuance until March 18, citing Rabow’s absence on personal matters.

When Butler again asked the attorneys to announce their readiness to begin, Rabow said he didn’t know if he was ready to start, again citing personal issues, sources say.

Butler set a third continuance to March 23, and then again to March 25.

According to Monterey County Superior Court records, the personal issue is this: Rabow is seeking a civil harassment restraining order against Bob Empasis, who spent 26 years as a sheriff’s deputy and eight years as a District Attorney’s investigator before becoming a private investigator.

In his application for a temporary restraining order, filed March 6, Rabow states he received a March 5 email from Empasis that read, “‘Just wanted to let you know that I’m coming after you.’

“I believe this to be a credible threat because I have been informed that he is very upset over the end of his marriage and blames me,” the application states. It adds that Rabow believes Empasis was suicidal and/or homicidal.

“A welfare check was done at his home and after he sent me another email that had a subject line ‘piece of shit’ and the message said ‘hope you have a good story to tell Fillippo,’” in reference to District Attorney Dean Flippo.

Judge Efren Iglesia granted Rabow a temporary restraining order March 6. The parties were scheduled to appear in court on the matter March 26, when a judge was supposed to decide whether to make that temporary order permanent.

However, the parties agreed to negotiate on the terms of a stay-away order, and requested Thursday that Judge Wendy Duffy hold off. They're scheduled to be back in court April 9. 

Duffy acknowledged from the bench that she knows both Rabow and Empasis professionally. 

Gohel, Camacho’s San Francisco-based defense attorney, was unaware of the reason for the continuances, but agreed to them because they are often warranted. He adds, though, that he told the prosecution and the judge he now plans to ask for a continuance until the fall. He had blocked out the month of March for the Camacho trial, and has other trials pending.

Rabow did not return messages requesting comment. His attorney, former prosecutor Gary Thelander, says there is concern for Rabow’s safety, as well as that of others.

“This litigation is unrelated to his work as a prosecutor,” Thelander writes by email. “Mr. Rabow is a person who like all of us has a personal private life.  Mr. Rabow felt his life was threatened and took the same action he would advise any victim to take. He reported the conduct to law enforcement and has sought a restraining order.”

Rabow identifies Empasis in the restraining order application as a “former colleague, husband of friend.”

The “friend” is Bob Empasis’ wife of 16 years and Monterey County Deputy Public Guardian Jennifer Empasis. Rabow formerly oversaw the DA’s elder abuse unit, and he worked on an interdisciplinary team along with the Public Guardian’s office.

“Mr. Rabow made some false allegations about me,” Empasis, who is representing himself in court, tells the Weekly. “I don’t have anything to hide. It’s not my reputation that’s going to get tarnished.”

Empasis stands by his actions, and says he will even if Rabow’s restraining order is granted:  “I don’t care if I have to sell all my guns, or if I win or lose. I get my day in court and I get to question [Rabow] on the stand.”

In his restraining order application, Rabow claims Empasis recently removed his guns from his Salinas home and they were given to a third party.

After Camacho's March trial fell through, Gohel, Camacho's attorney, requested a continuance due to scheduling conflicts. March 25, the parties agreed to a new trial date of Nov. 30. 

Police contend Camacho fired the bullet that struck Cruz in the head as he played in the kitchen of his family home. Camacho was on bail at the time on charges of the armed robbery of a Salinas convenience store.

This story has been updated to reflect the events of a criminal court hearing March 25 and a hearing on an application for a civil harassment restraining order March 26.