SAN DIEGO (CNS) - A former San Diego police officer accused of threatening to take a prostitute to jail if she didn't have sex with him pleaded no contest Wednesday to a misdemeanor charge of lewd conduct in a public place.
Daniel Dana, 27, was immediately sentenced to three years probation by Judge John Einhorn.
Dana was ordered to continue counseling and undergo AIDS testing.
Several felony charges, including rape, were dismissed in light of the defendant's plea.
A 35-year-old woman testified that she met Dana in April 2011 while she worked as a prostitute on El Cajon Boulevard.
She said she was standing by a Denny's restaurant when she saw Dana's patrol car and immediately tried to walk away because she was on probation for a prostitution conviction. The woman said Dana stopped his patrol car in a nearby alley.
"I said, 'I know I'm not supposed to be here,"' she said, "He said he wasn't out here for that."
The woman said she gave Dana her cell phone number, and she thought of him as someone she could trust to warn her of police activity in prostitution areas.
Sometime later, the woman said Dana texted her from his Jacuzzi, saying he wished she could be there with him. She said she had no problem with the idea of having sex with a police officer as long as he paid.
On the night of May 10, 2011, the woman said she went downtown looking for clients because there was too much police activity on El Cajon Boulevard.
She said she went home, changed clothes and went back to work on El Cajon Boulevard.
Around 2:30 a.m., the woman said she got a text, then a call from Dana and eventually met up with him near a 7-Eleven.
The woman said she and Dana made small talk near the rear of his patrol car, then he demanded sex.
"He said either I give him what he wants or I go to jail," the woman testified.
The woman said Dana put her in the back of his patrol car, then drove to a dark Presidio Park in Old Town. She said Dana demanded oral sex, then had sexual intercourse with her.
After the encounter, the woman said she licked her fingers and wiped saliva on the front seat of Dana's patrol car to prove that she had been there.
Defense attorney William Wolfe said earlier that the victim routinely violated her probation by going out to work as a prostitute. Wolfe said the sex could have been consensual and called the woman's credibility into question.
Dana served four years in the Marine Corps and earned several medals, Wolfe said.
The defendant joined SDPD after being honorably discharged from the military in 2007. He left the department shortly after the encounter with the prostitute.