Officer Won’t Be Charged With Assaulting Boy, 10 : Inquiry: The Orange County D.A.’s office says it will not file a criminal case because a conviction would be unlikely. An Internal Affairs investigation continues.

The district attorney’s office announced Tuesday that it has concluded its investigation into allegations that an off-duty Los Angeles police officer assaulted a 10-year-old boy at a school bus stop in Orange and that no criminal charges will be filed.

Daniel Burzumato, 43, an 11-year veteran of the LAPD who lives in Orange, had been arrested on June 15 for suspicion of felony child abuse and endangerment involving the boy.

Assistant Dist. Atty. Jim Tanizaki said “the district attorney’s office is not filing charges against Mr. Burzumato based on the unlikelihood of conviction if it were to go to trial.”

Meanwhile, a separate investigation by the LAPD Internal Affairs Division is continuing, department spokesman Lt. John Dunkin said.

“We still have our own investigation,” Dunkin said. “It could take six weeks or six months--whatever it takes--to determine the findings.”

According to one witness, Burzumato was at the bus stop on a Monday morning with a crowd of children, including his own, and was playing with the youngsters.

“He usually stands at the bus stop and takes care of the kids. Everyone likes him,” said the witness, who did not want to be identified. “Seemed to me they were playing and perhaps it didn’t look right. I don’t know.”

John Scott, the father of the 10-year-old who was allegedly assaulted, said he was disappointed that the district attorney’s office had decided not to file charges.

“I take real exception to that. It’s pretty disturbing,” Scott said, adding that he is seeking other means to have the case go to trial. “I don’t know what else I can do and I don’t want to jeopardize a chance for a trial.”

Darryl Mounger, Burzumato’s attorney, said his client did not wish to comment on the district attorney’s decision.

“He should never have been arrested in the first place,” Mounger said. “I didn’t expect them to file charges.”

Mounger, who also represented Sgt. Stacey C. Koon in the Rodney G. King trial, said he believes that there has been an overreaction to allegations of wrongdoing by police officers.

“Because of the Rodney King case, everyone is sensitive when it involves a policeman,” Mounger said.

“My client likes to play with the kids and everybody likes him,” Mounger said. “Hopefully this is the end of it.”