D.A. Absolves 2 Officers Who Shot Alleged Gang Member

Prosecutors have absolved two San Diego police officers of any criminal wrongdoing in the shooting and wounding of an alleged gang member who fired at them with a 20-gauge shotgun, it was announced Monday.

A report by the San Diego County district attorney’s office says that Officers Randy Burgess and Eric Hays were legally justified in shooting Carl Thompson, 22, in the neck and back when he confronted them in August.

“Thompson’s actions in firing at the officers gave them no choice but to defend themselves with deadly force,” the report says. “Failure to act immediately might have resulted in injury to or the death of one or both of the officers.”

According to the report, the policemen were on patrol in the area of 47th and Market streets Aug. 13 when they saw Thompson walking through a vacant lot, carrying a shotgun.

The officers said they pulled their patrol car behind Thompson, and Burgess ordered him to drop the weapon.

“Thompson immediately wheeled around and brought the shotgun up toward the officers,” the report says.

“Officer Burgess could not recall if he or Thompson fired first,” it says. “Officer Burgess continued to fire as Thompson fled, the shotgun still in hand. Officer Burgess heard Officer Hays fire, and then he saw Thompson go down.”

Thompson fired one shot that missed, the report says, while the officers fired six rounds. Thompson was shot once in the neck and twice in the upper left part of the back. The officers were not injured.

Interviews with several witnesses to the shooting established that Thompson fired first, the report says.

“The guy shouldn’t have shot at the officers,” one witness told investigators. “He was asking for what he got.”

Another witness added: “The guy shouldn’t have shot at the officers. The officers did what they had to do.”

Officials said Thompson has a criminal history and was affiliated with the “Neighborhood Crips” gang. The district attorney’s office said Thompson has been charged with attempted murder and assault on a police officer. His trial is scheduled to begin in December.