Ex-Officer Who Accidentally Shot Deputy to Get Retirement : Benefits: Brian P. Scanlan will receive about $2,100 a month for service-related disability, which is half of his former base pay.

Former Orange County sheriff’s deputy Brian P. Scanlan, who accidentally shot and killed a fellow officer during an impromptu training session on Christmas Day, 1993, has been granted a service-connected disability retirement in which he may receive about $2,100 a month.

The retirement for Scanlan, who is under federal investigation for possible civil rights violations in the death of Deputy Darryn L. Robins, was criticized by a black community leader whose attention was drawn to the case because the victim was black.

Eugene M. Wheeler, president of the civic group 100 Black Men of Orange County Inc., said Wednesday he believed that justice had not been served and that granting a retirement benefit was an insult.

“It is an affront not just to black people but to the citizens of Orange County,” Wheeler said. “Why should they pay retirement for life to an employee who violated the (safety) policies of the department that he was responsible to uphold?”

Tom Bogdan, assistant administrator of the Orange County Employees Retirement System, declined Wednesday to discuss the nature of the disability or the amount of the retirement benefit, saying that information is confidential under state law.

However, minutes of the Jan. 9 meeting of the retirement system show that the directors unanimously granted retirement benefits to Scanlan, whose slaying of Robins prompted criticism of Sheriff’s Department procedures.

Robert MacLeod, general manager of the Assn. of Orange County Deputy Sheriffs, estimated that Scanlan, 33, will receive about $2,100 a month under a formula for service-related disability retirement, which is half of his former base pay.

Scanlan was placed on paid leave after shooting Robins in the face behind a Lake Forest theater, where Robins--apparently trying to demonstrate how attackers get the drop on officers--pulled a concealed weapon and pointed it at Scanlan during a mock traffic stop.

Startled, Scanlan “jerked back” and fired a single shot into the 30-year-old deputy, according to a statement Scanlan made to investigators.

The district attorney’s office, concluding that Scanlan had been “grossly negligent,” wanted him charged with involuntary manslaughter. But county prosecutors left the final decision with the Orange County Grand Jury, which declined to issue an indictment.

The case remains under review by the U.S. Department of Justice to determine whether federal civil rights charges might be warranted against Scanlan.

Robins’ widow and his mother have filed claims against the county, which may be a precursor to a lawsuit. Rosemary Robins is demanding $15 million, contending that the department knew officers routinely trained with loaded weapons in the field.

Mildred Fisher, the slain deputy’s mother, alleges that Scanlan violated her son’s civil rights and that Scanlan had a history of reckless conduct and racial discrimination--allegations that have been denied by Scanlan.

Scanlan could not be reached for comment Wednesday.

MacLeod said Scanlan, whose wife, Stacey, filed for divorce in October, had moved to Arizona. He added that before Scanlan was granted retirement status, he had been receiving temporary disability benefits under Workers Compensation, apparently for psychological trauma.