Lack of Time, D.A.’s Probe Noted : Grand Jury Rejects Dubose Case Inquiry

The San Diego County Grand Jury has decided not to investigate the controversial police slaying of Tommie C. Dubose because it believes it has insufficient time to adequately review the case before members disband this summer, sources told The Times on Thursday.

According to the sources, the grand jurors wanted to wait until after the district attorney concludes his investigation of the shooting before the grand jury starts a separate inquiry.

But the district attorney’s office, which routinely investigates police shootings, is not expected to issue an opinion on the Dubose shooting until after June, when the present grand jury’s term expires.

Called a Solid Citizen

The homicide has drawn considerable fire from the minority community, particularly because the victim, described as an upstanding citizen, was slain in his own home by a police officer who has killed one person and wounded two others in separate shootings during his 10 years on the police force.

The Dubose shooting occurred when narcotics officers were serving a search warrant at the Dubose home near 50th Street and Federal Boulevard.

As police officers burst through the front door, Dubose threw a glass of wine into the face of Officer Andy Rios and a struggle began over control of Rios’ gun, police said. At that point, Officer Carlos Garcia opened fire, striking Dubose five times, police said.

Dubose, 56, was later pronounced dead at Mercy Hospital. Though police had obtained a search warrant based on an informer’s tip that the Dubose home was a known drug house, police said they found no drugs inside the house that night. They did recover a large number of hunting rifles and ammunition from a back bedroom, where they said Dubose attempted to run to when the officers first entered the home.

But neighbors and acquaintances of the victim have been at a loss to explain Dubose’s alleged behavior that night, pointing out that Dubose was a vocal opponent of drugs and known for his anti-drug activities in the community. Other allegations have been raised that police entered the wrong location when they searched the Dubose home.

In the midst of the criticism, Police Chief Bill Kolender took the rare step of asking the grand jury to review the shooting. In a March 23 letter, the chief said he and the Rev. George Walker Smith, spokesman for the Civilian Advisory Panel on Police Practices, were aware of the “skepticism some community members have voiced regarding this tragic incident.”

The letter, addressed to Grand Jury Foreman Edward C. Malone, also said, “A grand jury review of the shooting would be an appropriate method to allay the concerns that have been expressed.”

On Thursday, Malone said the grand jury had discussed the case with the district attorney’s office and the grand jury’s own counsel. He said the grand jurors voted among themselves on whether to proceed with their own investigation and had sent a letter Thursday to Kolender telling him of their decision.