Officer Cleared in Shooting of Driver Who Tried to Hit Him

A San Diego police officer has been exonerated in the first of a string of shootings this year in which officers claimed to have fired their guns at motorists for using their cars as deadly weapons.

Officer Mark Heacox was legally justified in shooting Ronald Bowman because the auto theft suspect threatened to kill or harm him with a stolen Mazda RX-7 sports car, according to a report written by the district attorney’s office and released Friday by the Police Department. “Officer Heacox’s actions were those of a reasonable person under the circumstances,” the report said.

“His actions were necessary to prevent death or great bodily injury to himself. He had no practical alternative to the use of deadly force, since he was being confronted by Mr. Bowman driving an automobile weighing several thousand pounds.”

Shootings Drew Criticism

The Feb. 21 shooting near Hollywood Park in the Southeast--and a series of similar shootings that followed--drew sharp criticism of the Police Department from some community leaders who charged that the officers may have violated the department’s policy by firing their guns at fleeing cars.

But police officials have maintained that the shootings were justified because the officers were threatened with being run over.

Bill Robinson, a San Diego police spokesman, said Friday he could not explain why there has been a rash of recent shootings involving officers firing at motorists.

“It’s happened before, but not as frequently as it is now,” he said. “But they (the suspects) have been coming at the officers with their cars, and with the cars being considered deadly weapons.”

In that sense, he said, officers are justified if they believe the suspects intend to seriously harm them.

“The officers can use deadly force in the protection of their life, the life of a fellow officer or the life of a citizen,” he said.

In the Heacox case, the officer spotted the stolen vehicle and followed it out of the park and into a private parking lot in the 2300 block of Modesto Street.

He blocked the parking lot with his patrol car, then stepped out, drew his revolver and “said something which he could not remember to the driver of the Mazda,” the district attorney’s report said.

The report said Heacox stood behind his patrol car and watched as the driver revved up the Mazda’s motor.

“He saw the driver’s face, heard the Mazda’s engine rev up and saw the vehicle lurch forward,” the report said. “Officer Heacox stated he knew he wold be struck if he did not move and believed the driver was trying to run over him.

“He stated he didn’t think he had any alternative except to shoot.”

Officer Fired Twice

Heacox fired twice. One bullet pierced the windshield; the other tore through the passenger window. The Mazda came within 2 to 4 feet of the officer.

A witness to the shooting, Francisco Nunez, told the district attorney’s office that he “felt the officer had plenty of time to get out of the way” of the Mazda. He also said the car was traveling about 5 m.p.h. when the officer fired.

After the shots were fired, the car sped from the area. Heacox later found the car and Bowman a short distance away.

“Bowman was bleeding profusely from a gunshot wound in his neck,” the report said. “Officer Heacox administered first aid to help stop the bleeding. Bowman was hospitalized at Mercy Hospital and later recovered.”

Bowman has been charged with auto theft and assault on a peace officer.

The other shootings by police occurred in April.

According to police, a Tijuana man ran over one person and tried to hit two officers in San Ysidro before he was shot and killed.

A 15-year-old boy, who was a passenger in a stolen car, was shot and wounded in the head after the driver allegedly tried to back up and strike an officer on Logan Avenue.

And an officer fired at a car he believed had tried to run him over before speeding away in Southeast San Diego. But police said it is not known whether the bullet ever hit the car or driver.