Police Defend Actions in Slaying : Autopsy Report Says Dubose Shot 4 Times in Back During Struggle

Tommie C. Dubose was shot five times--four times in the back--during a violent confrontation with police, who burst into the living room of his Southeast San Diego home last month while looking for evidence of drugs, according to an autopsy report released Thursday.

The report from County Coroner David J. Stark said San Diego Police Officer Carlos Garcia entered the room and, fearing for his partner’s safety, fired his 9-millimeter gun five times at Dubose, who slumped unresponsive on a chair. He died of multiple gunshot wounds, the report said.

The homicide drew considerable criticism 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 force.

The coroner’s report said Dubose was shot once in the face on the left cheek and four times in the left side of his back and shoulders.

The shot that pierced Dubose’s heart and lodged in his chest was fatal, Stark’s report said.

Gives More Details

The coroner’s report provided additional details on the March 12 shooting.

The first statement released by police after the shooting was at 1 a.m. March 13 and stated that an officer fired five shots at Dubose, but it did not reveal how many bullets struck him or where. Subsequent information released by police in the case said Dubose may have been struck in the chest by three bullets.

San Diego Police Cmdr. Keith Enerson said the coroner’s report is consistent with information released by police immediately after the shooting.

Asked why the officer would shoot Dubose in the back, risking injury to the other officer who was supposedly pinned down by Dubose, Enerson said that the officer had to make a snap judgment under difficult circumstances.

“There was no other way the victim (Dubose) could have been shot. He was on top of the officer (Andy Rios) with his back facing the other officer (Garcia). He heard the officer say, ‘He has my gun,’ a shot was fired, and he went to his aid. It’s hard to question his . . . judgment. In that type of situation, there is not a lot of time,” Enerson said. “Does he wait until he fires two or three times? He was taking a chance and hoping to save the officer’s life.”

Enerson said the investigation being conducted by the district attorney’s office will provide more details.

He added, “Some people are saying that the police are against a public inquiry, but nothing could be further from the truth. These people are forgetting that Chief (Bill) Kolender requested an inquiry.”

Deputy Dist. Atty. Alan Preckel, supervisor of the special operations unit, could not be reached for comment Friday. But Linda Miller, a spokeswoman for the district attorney’s office, said it will be several weeks before the Dubose investigation is completed.

Serving Search Warrant

The 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 Rios and a struggle began over Rios’ gun, police said. At that point, Garcia opened fire, striking Dubose five times, police said.

Dubose, 56, was pronounced dead at Mercy Hospital.

Though police had obtained a search warrant based on an informer’s tip that the Dubose home was a drug house, police said they found no drugs that night. They did recover a large number of hunting rifles and ammunition from a back bedroom, where they said Dubose attempted to run when the officers entered the home. They also found a small quantity of drug paraphernalia.

Immediately after the shooting, allegations were raised by community leaders that the police entered the wrong location when they searched the Dubose home. In an attempt to clear rumors that “police hit the wrong house,” top police officials held a press conference May 16 to describe the events in detail.

Police said they learned from the informer that there was considerable drug traffic in and out of the home during the day when Dubose was away at work, but they had no information linking Dubose to drug sales. They said that based on that information they served a search warrant on the home.

Police said a few days after the search warrant was obtained, and two days before Dubose’s death, police arrested Dubose’s 36-year-old son, Charles, after a transaction in which drugs were allegedly sold to an undercover officer. Charles Dubose pleaded innocent to the charge.

Family members filed a complaint with the Police Department, alleging that police used unnecessary force against the elder Dubose. The family also contended that Dubose, a civilian instructor at the North Island Naval Air Station rework facility, was known throughout the community as being strongly against drug activity.

Called for Inquest

During the week of April 9, the Dubose family called for a public inquest into the shooting. But the coroner declined, saying an inquest wouldn’t provide additional information into the circumstances surrounding the shooting. That prompted City Councilman Wes Pratt to ask his council colleagues to discuss alternatives to examine controversial slayings.

The City Council voted unanimously April 18 to ask county officials to initiate the public inquest process to examine the Dubose shooting and other controversial police killings.

On March 23 in the midst of the criticism, Kolender took the rare step of asking the grand jury to review the shooting.

The grand jury declined to investigate, saying it would not have enough time to complete an inquiry before its dissolution in June.

Last month, Mary Dubose filed a $15-million claim against the city, charging that the shooting of her husband was unwarranted, unnecessary and inhumane. Mary Dubose’s attorney Burt Shamsky could not be reached for comment Friday.