San Diego

A San Diego police officer has been cleared in the nonfatal shooting of a man who waved a handgun at him, officials said.

In a report released Tuesday, Officer Eric Stafford was found to be justified in shooting David Henry Maxey II on April 21 on Skyline Drive.

Officer Jeffrey Scruggs was driving Stafford to his car about 2 a.m. after the two finished their shift, Deputy Dist. Atty. Craig Rooten said. Both were wearing civilian clothes,

As they passed Morse High School, Stafford, who was sitting on the passenger side, pointed out Maxey, who was driving beside them, staring at them and mouthing obscenities, Rooten said.

Stafford and Scruggs became nervous and put their pistols on their thighs, Rooten said.

Moments later, Maxey, steering with his left hand, pointed a handgun directly at Stafford with his right hand, Rooten said.

Stafford fired through the closed passenger window at Maxey, Rooten said. They chased Maxey, but he got away, Rooten said.

A bullet and an insignia from a Smith & Wesson handgun grip were removed from Maxey’s hand at Paradise Valley Hospital, Rooten said.

“They always say you should shoot the gun out of their hand, but that’s only on TV,” Rooten said.

Maxey has been charged with assault with a firearm and brandishing a firearm, Rooten said.