Officer Whose Car Ran Over Man Won’t Face Charges : Law enforcement: D.A. finds no criminal intent in accident that still has victim hospitalized with serious head injury.

The Orange County district attorney’s office decided Tuesday not to file charges against a Laguna Beach police officer who ran over and critically injured a homeless man.

Authorities who investigated the Oct. 17 incident said there was insufficient evidence to support criminal charges against Officer Gregory Walloch, an eight-year veteran of the department.

“Under the circumstances of this case, it would be contrary to the interest of justice and public protection to prosecute a police officer who was attempting to help someone,” said Deputy Dist. Atty. Wally Wade, who reviewed the case.

Wade said that testimony from eyewitnesses was contradictory and there was no evidence of “criminal intent” on the officer’s part.

Donald McMechan, 57, the man hit by Walloch’s patrol car, suffered a severe head injury and remains in critical condition in the intensive care at Mission Hospital Regional Medical Center in Mission Viejo, a hospital spokeswoman said.

Laguna Beach Police Chief Neil J. Purcell Jr. said that he was “pleased that the D.A. did not file charges. . . . It was strictly an unfortunate accident.”

Walloch said he had been driving to McMechan to help him. MeMechan, apparently intoxicated, was crouched on all fours in the middle of the intersection of Beach Street and Broadway. But when Walloch tried to stop his car, he said, the brakes failed, causing him to run over McMechan, he said.

California Highway Patrol investigators tested the car and found no brake problems. A report by the CHP cited varying accounts from witnesses, several of whom said that Walloch had stepped out of the patrol car before it came to a full stop, neglecting to set the brake.

One witness said that when the officer noticed the car was rolling toward McMechan, he got back into the car but failed to stop it, according to the report.

Under the state’s Vehicle Code, it is illegal for a person to leave a car without setting the brakes and turning off the motor.

Wade said that his investigation was unable to determine whether Walloch had stepped out of the car before hitting McMechan.

“There was a lot of conflicting statements from the witnesses that night . . . and a lot of confusion as to what actually happened,” he said.

Walloch could not be reached for comment Tuesday.

Purcell said that he had “no doubts about (Walloch’s) truthfulness.”

“I rolled out to the scene that night and I know how shook up he is about all of this,” said Purcell, who added that he does not expect to discipline Walloch for the accident.