D.A.’s Office Finds Shooting by City Police Officer Justified

A San Diego police officer was justified in the non-fatal shooting of a man who was acting strangely on a street corner in Logan Heights on Jan. 22, a report released Tuesday by the district attorney’s office stated.

The report, written by Deputy Dist. Atty. Michael R. Pent, said the officer shot Jesus Francisco Chaides in self-defense.

Officer Dennis Davis was on patrol at 30th Street and National Avenue when he was told about a man “acting crazy and banging on the telephones with a stick and bothering people,” according to the report.

Davis approached 31st Street and National and saw a man who fit the description crossing the street. Davis stopped his car and told him that he wanted to talk to him.

Davis checked Chaides’ arm to see if he was a drug user and found needle marks, the report said, then asked Chaides to place his hands on the hood of the patrol car so he could search him for weapons.

During the search, Chaides allegedly attempted to run, pulled a .45-caliber semi-automatic pistol from his waistband and fired it.

Davis was struck in the right buttock in the ensuing shoot-out. As Chaides ran, Davis fired six shots, hitting Chaides once in the back. Davis then kicked Chaides two or three times in the rib cage before placing handcuffs on him.

According to the report, “Officer Davis clearly was justified in using deadly force, first to protect himself from Chaides, who was shooting at him from point-blank range, and then to apprehend Chaides after he attempted to flee. Although kicking the suspect may seem an over-reaction, we cannot ignore the fact that Chaides had just shot Officer Davis in an apparent attempt to kill him, and that under the extreme stress of this highly charged and rapidly unfolding event, Officer Davis was rightfully concerned with his own safety.

“Under the circumstances, we do not feel that his methods of insuring that safety were unreasonably.”

At the time of the incident, Chaides was on parole for an auto-theft conviction. He was charged with the attempted murder of Davis and with violating parole for possession of a firearm. He was bound over for trial after a preliminary hearing April 23.