SAN DIEGO -- Attorneys for a former police officer locked in a legal fight with the city of Oceanside released audio tape recordings Thursday that they say show high-ranking police officials made false statements and tried to cover up an August 2009 incident involving an officer.

Gilbert Garcia, 41, claims he was ordered to destroy these audio recordings by the chief of police, Frank McCoy, and a since-retired police captain.

Garcia has filed a wrongful termination suit against the city, claiming he was fired on trumped-up sexual harassment charges because he refused to destroy evidence that would have implicated a fellow officer for driving under the influence.

"I did the right thing, and I was punished for it," he told San Diego 6 this week.

On Thursday, Garcia's lawyers added a racketeering claim against McCoy and former Captain Reginald Grigsby, San Diego 6 learned.

The tapes appear to show fellow Oceanside police officer, Sgt. David Larson, admitting to driving drunk on August 24, 2009.

Garcia and Sgt. Travis Norton responded to the call at Larson's house, and after taking statements, were cleared by Captain Grigsby and Chief McCoy, the lawsuit said. Larson was never charged or arrested.

Oceanside police officials told the North County Times the investigation could not proceed because the witness who initially reported the incident refused to file a citizen's arrest form.

A request for comment by Chief McCoy was declined through a spokesperson Thursday because the case involves a "personnel matter" and is currently in litigation.

Garcia's attorney, Dan Gilleon, said a citizen's arrest form was not required to pursue charges because the tapes establish probable cause that Larson had been drinking and driving.

In one excerpt, the man's voice identified in court documents as Sergeant Larson acknowledges he was driving the car in question. Larson is never identified by name on the tape.

SERGEANT NORTON: There was a radio call. Somebody was driving your your car, was driving down Masters Street right off Frazee, drove past some kids, was drinking, turned back around, looked at them, and then threw a beer can out the window. So I'm asking: was that you?

SERGEANT LARSON: I had a beer on the way home.

SERGEANT NORTON: Okay. Was that you driving past them?

SERGEANT LARSON: Yeah.

Gilleon said the tapes show other public statements by Oceanside police officials about the case were false or misleading, suggesting a pattern of cover-up surrounding the case.

"I cannot comment on an amendment to a complaint that I have not seen.  However, I will reiterate that Mr. Garcia was terminated for extreme violations of the City's policy on the prevention of sexual harassment," said City Attorney John Mullen in an e-mail.

Garcia worked for the department until October 1, 2009 and was terminated effective November 14 of that year because of sexually-charged comments he made to a female blood contractor.

"The termination was confirmed by an independent arbitrator mutually selected by Mr. Garcia and the City.  Garcia's legal counsel had the opportunity to submit all relevant evidence during that hearing.  The City has a pending motion to dismiss the Garcia complaint on several grounds," wrote Mullen.

Garcia's attorneys claim the contractor, Kim Hirst, lied during the hearing, and further claim the city was aware she was lying. Hirst is now pursuing a civil suit against the city of Oceanside and Garcia, although several of her charges have been dropped or dismissed, according to court records.

The California Unemployment Insurance Appeals Board ruled in Garcia's favor in 2010, saying the city did not show sufficient evidence to prove Garcia committed any misconduct. The board awarded him unemployment benefits over the city's objections.

The board also questioned why Garcia was allowed to continue working until October 1 if he was truly suspected of serious misconduct four months earlier, in June. Garcia was interviewed three times by Internal Affairs beginning in June 2009 over comments made in the summer of 2008, according to the lawsuit.

"The allegations raised by Garcia's counsel are ludicrous and will be proven false in court and the City will aggressively seek recovery of every dollar spent on this frivolous case," said Mullen.

The District Attorney's office released this statement about the decision not to pursue charges against Sgt. Larson:

"Anytime the District Attorney’s Office receives information we review it carefully and can only file charges if we believe we can prove a crime was committed beyond a reasonable doubt. If our office is presented with new evidence or information, we will evaluate it carefully for potential criminal charges. Regardless of who the suspect may be, we follow the same ethical and legal standard for filing charges in every case."