The son of Tommie DuBose was sentenced Tuesday to one year in jail for selling cocaine the night before his father was fatally shot by San Diego police in his own home.
Charles DuBose, 36, of San Diego, also was ordered by San Diego Municipal Judge Frederic Link, sitting temporarily as a Superior Court judge, to serve five years’ probation after his jail term is completed.
Tommie DuBose, 56, was shot five times March 12 by officers after they burst into his home during the drug investigation that centered on his son, who had been arrested the night before.
His widow, Mary DuBose, has filed a $15-million wrongful death suit against the Police Department, seven officers and the city of San Diego. She claims that officers burst through an unlocked door, startling the family. The officers say Tommie DuBose threw a glass of wine in one officer’s face and tried to wrestle his gun away from him before he was shot.
Link ordered Charles DuBose to register as a narcotics offender and stay away from known drug users once he is released from jail. DuBose received 166 days’ credit for time already served and credit for good behavior. That time will be applied to his one-year sentence.
He pleaded guilty Oct. 11 to selling cocaine. He could have received five years in state prison and a $10,000 fine. No fine was imposed.
DuBose’s attorney, Albert Bradley, sought his release from jail immediately, saying he had a job waiting for him. But Deputy Dist. Atty. Robert Eichler urged at least 210 days in jail.
Citing DuBose’s record, the judge said he was “reluctantly” granting probation.
A co-defendant in the same case, Darnell Wyatt, was sentenced earlier to 120 days in a work-furlough program.
The DuBose shooting was sharply criticized in the black community and was mentioned in arguments for a police review board on Tuesday’s ballot.
No drugs were found in the DuBose home the night of the shooting.