DA: Homicide by Chino officers was justified

http://www.dailybulletin.com/Stories/0,1413,203~21481~2539493,00.html

11/17/04

The fatal shooting of Robert Kelly Brown by Chino police officers Feb. 8 was deemed legally justified by the San Bernardino County District Attorney's Office this week.

The 50-year-old Chino man, a former parole officer who fired several shots outside his home with an AK-47 rifle after he called 911 to report a man with a gun, was killed by two Chino police officers.

"His high blood alcohol indicates he was intoxicated at the time," stated a report from the District Attorney's Office. "His own 911 call to the police to report a man with a gun indicates he may have been suicidal. This would also explain why he would approach officers he knew to be armed in a threatening manner with a gun while ignoring their orders to disarm."

Brown received three gunshot wounds, one in the chest area, another in the abdomen and the other in the mid right buttock.

The shots were fired by the officers after Brown continued to walk toward them and pointed his rifle at one of the officers, the report said.

"The fatal shooting of Mr. Brown by Chino police officers was justifiable homicide in self defense and defense of others," the report stated.

A total of eight .45 caliber rounds and five .223 caliber rounds were fired, the report stated.

The names of the officers were not released by the Chino Police Department, at their request.

Sgt. Charlie Sample of the Chino Police Department said he is pleased with the district attorney's decision because the two officers put their lives on the line during the incident.

"It was totally justified," Sample said. "The officers were in front of a man who was firing a handgun that can punch holes through car doors and bullet-proof vests. It is a very powerful weapon."

One of the officers involved in the shooting retired from the department after the incident. The other is still with the Police Department, Sample said.

Both officers were placed on administrative leave with pay for three days, which is the standard procedure for the department. During that time, both officers received counseling, Sample said.

Brown worked 28 years in the Department of Corrections. He retired two days before the incident, corrections officials said.

He worked as a correctional officer at the California Institution for Men in Chino for eight years and spent the previous four years as a parole officer in Diamond Bar, corrections officials said.

Miles Pruitt, an off-duty sergeant at the time of the incident and neighbor of Brown, knew he was a parole officer who retired under pressure due to drinking problems. He called the Police Department through his radio after he heard shots and saw Brown holding the rifle, the report said.

Pruitt could not be reached for comment.

"He had a police radio with him," Sample said. "He put his own life in jeopardy to help us out."

Brown was going through marital problems at the time of the shooting, police said.