San Diego

A San Diego police officer was justified in shooting a robbery suspect in December, a district attorney’s investigation has concluded.

Officer Gerald K. Griffin fired four shots at Curlee Markson Jr., purportedly after he saw Markson attacking another man with a knife. The incident occurred about 9:30 p.m. Dec. 3 in the 4300 block of University Avenue.

In a letter dated Jan. 10, Deputy Dist. Atty. Michael R. Pent wrote that Griffin told Markson to drop the knife. Instead of dropping the weapon, Markson turned toward the officer, who was now within a few feet of him.

“Officer Griffin fired two shots at Markson, fearing that the apparent victim (Jose Hernandez-Garcia) might be injured or killed by the knife-wielding assailant. Markson was not hit by either shot,” Pent wrote in the letter to Police Chief Bob Burgreen.

Markson ran away, with Griffin in pursuit. After several blocks, Markson ran into an alley. Griffin fired two more shots at Markson and hit him once in the back.

“The facts in this case establish legal justification for the use of deadly force by Officer Griffin,” Pent wrote.

“Markson was armed with a deadly weapon, was in the process of threatening Hernandez-Garcia with it in an attempt to rob him, failed to drop it when confronted . . . and in fact took the knife with him as he tried to escape. The use of deadly force to arrest is proper if the crime for which the arrest is sought is a forcible and atrocious one which threatens death or serious bodily harm.”

Pent said Markson was charged with attempted robbery and assault with a deadly weapon. Markson is scheduled to appear Jan. 30 in Superior Court. He is in County Jail downtown, on $20,000 bail.

Homicide Lt. Gary Learn said there were 23 officer-involved shootings in 1989, seven of them fatal. Two of the incidents are still under investigation. The others, he said, were found to be justified.