Murder trial may be delayed as prosecutor seeks restraining order against ex-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, 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. 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 pushed it back to March 18, citing Rabow’s absence due to personal matters.

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

Butler set a third continuance to March 23, then again to March 25 (after the Weekly’s deadline).

According to Monterey County Superior Court records, Rabow is seeking a restraining order against Bob Empasis, a 26-year sheriff’s deputy and retired DA’s investigator.

“IT’S NOT MY REPUTATION THAT’S GOING TO GET TARNISHED.”

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. “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 that lasts until the parties appear in court March 26. At that time, the order may become permanent. Rabow’s 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 felt his life was threatened and took the same action he would advise any victim to take.”

Rabow identifies Empasis in the restraining order application as the “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.

“I don’t have anything to hide,” Bob Empasis, who is representing himself in court, tells the Weekly. “It’s not my reputation that’s going to get tarnished.”

Empasis says he stands by his actions, 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.

Gohel, Camacho’s attorney, says he will try to push the murder trial to the fall because he now has out-of-state trials pending. Check www.mcweekly.com for updates on the case.