Brake Not Set in Police Car That Ran Over Homeless Man : Investigation: The CHP’s report contradicts the officer’s original statement. The transient remains in critical condition.

The police officer whose patrol car ran over and critically injured a homeless man last week did not set his parking brake before getting out of the car, contrary to his original statement that his brakes failed, the California Highway Patrol said Monday.

Laguna Beach Police Officer Gregory Walloch, 33, an eight-year veteran on the force, told investigators that he was in his 1991 Caprice Classic patrol car last Wednesday and attempted to brake to help transient Donald McMechan, but that his brakes failed and the car rolled over the man instead.

McMechan suffered severe head injuries and remained in critical condition at Mission Hospital Regional Medical Center in Mission Viejo, a hospital spokeswoman said.

CHP investigators tested the car last week and found no problem with the brakes, CHP spokesman Ken Daily said. After interviews over the weekend with at least five witnesses, investigators said in a report released Monday that Walloch apparently stepped out of the car without setting the brake. When the car started rolling forward, he got back into the car but failed to control it, according to the report.

The findings will be forwarded to the Orange County district attorney’s office, which will decide whether to file charges against Walloch, Daily said.

Walloch’s alleged action violates a California Vehicle Code section that prohibits a person from leaving a car without setting the brakes and turning off the motor, Daily said. Other charges also could be considered, officials said.

Walloch was not working Monday and could not be reached.

Laguna Beach Police Chief Neil J. Purcell said Monday that he has yet to review the report and declined to comment on possible actions the department might take against Walloch. However, in defense of Walloch’s alleged failure to use his brake, Purcell said that because patrol cars are heavily loaded with radios and other electronic equipment, it is not uncommon for officers to leave their cars running when they get out.

“If (Walloch) is lying, it could force termination,” Purcell said. “But I have no reservations about his honesty in this case. This appears to be a very unfortunate accident,” the chief added. “We may never know” exactly what happened on Oct. 17, he said.

Hilda Madrid, president of Laguna Beach Police Officers Assn., also declined to discuss Walloch’s case Monday because she had not received the CHP report.

According to witnesses, last Wednesday about 10 p.m. McMechan was crouching on all fours in the middle of the intersection of Beach Street and Broadway. A Toyota Tercel stopped by the curb and a passenger, Robert Schwager, 18, of Laguna Beach, got out to help McMechan cross the street.

Walloch told investigators he spotted the pair struggling across the street and was driving toward them to help.

Schwager said when he saw the officer’s car, he decided to let go of the homeless man because “I saw that (McMechan) was going to be in capable hands.”

Walloch got out the car and took several steps as his patrol car was lurching forward, witnesses said.

“The police officer got out of his car and he attempted to walk over to Robert and the man when his car started rolling,” said Tracy Greer, 18, of Laguna Beach. Walloch’s “face turned pale . . . and he jumped back into the car. He couldn’t stop his car and it ran over the man, then hit” the bumper of the Toyota.

Another witness, Phil Lightsey of Laguna Beach, said that immediately after the car rolled over McMechan, Walloch radioed for backup, which arrived minutes later.

“When the officers got there, this officer ran over . . . his arms waving up and down . . . and he said: ‘I didn’t set the brake!’ ” Lightsey recalled. “I was across the street, and I heard him clearly.”

However, during the CHP investigation, Walloch said he was traveling 5 to 10 m.p.h. when he approached Schwager and McMechan. As his car crept closer to the men, Walloch told investigators, he frantically tried to apply the brakes.

“The pedal felt hard,” according to Walloch’s statement in the report. “I placed the transmission lever into park and heard a loud grinding noise . . . . I maintained my right foot on the pedal.”

CHP vehicle safety officer Alan Coulter stated in the report that he tested Walloch’s patrol car the day after the accident and “again, there was nothing to suggest that the engine, brakes or transmission failed.”

Times correspondent Frank Messina contributed to this story.