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D.A. Won’t Charge Officer

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Times Staff Writer

Orange County prosecutors said Wednesday that they would not charge the veteran Westminster police officer who killed a hit-and-run suspect when he pinned him against a palm tree with his patrol car.

The Police Department now will be able to finish its investigation of the Feb. 9 incident during which Officer Charles Shinn III shot Hoang Bui, 30, of Westminster, then struck him with his car.

Assistant Dist. Atty. David Brent said he reviewed information compiled by the California Highway Patrol and the Sheriff’s Department, including taped interviews with witnesses. “We established that Shinn did not violate California law,” Brent said. “To me, it was not a close case.”

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The incident started when Shinn was flagged down near Newland Street and Bolsa Avenue by a motorist who reported that the man driving in front of him, later identified as Bui, had fled the scene of an accident.

The officer pulled over Bui’s car and, within 30 seconds, drew his weapon and fired at least one shot at Bui, who drove away, according to Sheriff’s Department reports.

Bui was shot in the shoulder. After a short chase, he got out of the car and ran. Shinn told investigators he then turned onto the sidewalk to block Bui’s path, but his car collided with the suspect, pinning Bui between the car and a 4-foot palm. He died at the scene.

Shinn, 45, is on paid administrative leave.

A California Highway Patrol report released in May said the officer acted unintentionally and accidentally. Bui contributed to his death, according to the report, since he was under the influence of alcohol, ran in the street and failed to yield to emergency vehicles.

The results of a separate Sheriff’s Department investigation were given to Westminster police Wednesday morning, but details were not disclosed.

Westminster police said the department would complete its own investigation of the incident, examining the sheriff’s and CHP reports to determine if Shinn followed department procedure. Police Capt. Mitch Waller said it would be finished within 30 days.

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If it is determined that Shinn violated regulations, Waller said, privacy rules would allow officials only to say that he did and that appropriate actions were taken. Such penalties could range from a reprimand to dismissal.

“The D.A.’s office looked at the incident purely from a criminal violation aspect,” Waller said. “We are looking at it now from an internal point of view. Did the officer’s actions comport with the high standards we set for the Westminster Police Department?”

The victim’s mother, Rose, said she was angry that charges would not be not filed against Shinn. “What the officer did was not right,” she said. “He shot my son and then he ran him over, and how can they say that he didn’t do anything wrong?”

Times staff writer Mai Tran contributed to this article.

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