Review Asked in Killing by Deputy Sheriff : Justice: Grand Jury requests that the state attorney general review the D.A.’s decision not to charge a reserve deputy who shot an innocent man.

Dissatisfied with the San Diego County district attorney’s conclusion that a reserve sheriff’s deputy not be criminally charged for shooting to death Jeffrey Bray, the county Grand Jury asked Monday that the state attorney general review the “reasonableness” of the investigation and its findings.

Grand Jury Foreman Reno Testolin said the district attorney’s office did not forward evidence in the Bray case to grand jurors and therefore, “we are not in the position to take a position” on the investigation. Still, he said, “We thought it was appropriate to have the attorney general to take a look.”

Testolin said the grand jury’s action should not be taken as a criticism of the district attorney’s office, although “some people will see it that way.”

But a juror, who asked not to be identified, said the grand jury was not happy with the district attorney’s conclusions.

“If we agreed with their decision, that would be that, and we wouldn’t go any further,” the juror said. “In order for an indictment to be voted upon and approved by a grand jury, there must be a presentation of the evidence by the district attorney. A grand jury cannot form an opinion as to whether we want to indict unless the evidence was presented to them.”

The juror, citing the confidentiality of grand jury proceedings, declined to say whether the panel had sought evidence in the case.

The shooting in Vista last May of Bray, 21, was one of the most controversial in recent years by a law enforcement officer. Bray was shot in the back of the head as he attempted to shift his truck in reverse.

Sheriff’s deputies said they had tailed his truck because they believed it was stolen and followed it into an apartment complex. They opened fire when the truck suddenly shifted into reverse and struck their patrol car. They later learned that Bray’s truck had not been stolen, and it remains unclear whether Bray ever knew he was being followed.

Dist. Atty. Edwin Miller ruled the shootings legally justified, but termed the shooting by reserve Sheriff’s Deputy John S. Wickham “regrettable and avoidable,” adding that “a threat of unprofessionalism was entwined throughout the entire incident.”

Civic activists denounced Miller’s ruling and said the Bray case provided the clearest proof yet of an officer’s criminal negligence.

Steve Casey, a district attorney spokesman, said Miller does not consider the grand jury’s action Monday a rebuke to his department.

“Oh my, heavens no,” he said. “You must remember that the grand jury took an early interest in this case. Their asking the attorney general to participate is something that’s always open to them. We think our investigation is thorough and complete. We’re more than happy to provide information, documents, etc., to the attorney general’s office.”

The chief of the state attorney general’s criminal division could not be reached for comment, but a source within the department said the state would be hesitant to review the district attorney’s work.

Rather, the source said, the state would only get involved should the grand jury request that the state come in as a legal adviser and do its own investigation of the Bray case.

Joe Bray, the father of Jeffrey Bray, said he was heartened by Monday’s news.

“That’s great,” Bray said. “I’m proud of the grand jury for that. I understand that, when the grand jury reached a point in the investigation and needed help from Edwin Miller’s crew, they didn’t get it. That just galled me. As far as I’m concerned, this has been a bum deal from the beginning.”

The grand jury press release issued Monday that explained the jurors’ action made no reference to their dissatisfaction with Miller’s findings.

The juror who asked for anonymity said the release took 12 of 19 jurors to approve. “That’s not an easy number to obtain for something like this,” the juror said. “Things were ironed out before this went out.”

The Brays are pursuing a civil case against the county in the shooting, according to family attorney Dwight Ritter. The case is set for trial in September.

Ritter said Monday he didn’t know what to make of the grand jury’s action.

“Maybe they legitimately feel there should an indictment,” he said. “Or maybe they are saying they did a good job and the D.A. did a good job, and now we want the attorney general’s office to justify it.”