CHP Officer Formally Accused of Faking Attack

Prosecutors filed criminal charges Tuesday against a California Highway Patrol officer who allegedly concocted a story about being shot by a speeder he pulled over and are weighing whether to demand restitution for the tens of thousands of dollars spent investigating his claim.

In a highly unusual case, Officer Gary Lee Burnett faces three misdemeanor counts, including falsely reporting an emergency, destroying evidence and obstructing a peace officer.

“Nobody is above the law,” said Orange County Deputy Dist. Atty. Ebrahim Baytieh. “We have to hold everybody accountable when they violate the law.”

Burnett’s account of the Aug. 25 shooting triggered a massive regional manhunt for the driver of an elusive red pickup truck and snarled South County traffic for much of the day. Meanwhile, Burnett--who suffered wounds to his chest and arm--was hailed as a hero.

Although the 11-year veteran maintains his account is true, Orange County Sheriff’s investigators said they soon found inconsistencies in the officer’s story.

Detectives found no blood at the crime scene, and a lab analysis determined that blood spattering from the officer’s wounds contradicted his story, according to sources familiar with the probe.

Adding to suspicions was Burnett’s missing gun barrel, which prevented deputies from testing whether his weapon had been fired recently. Burnett told deputies he discarded the barrel because it was cracked.

The Sheriff’s Department’s probe involved up to 1,000 staff hours, costing an estimated $40,000. Other local agencies from Anaheim to San Diego contributed hundreds more hours in the futile search.

Burnett’s attorney, John Barnett, said evidence supports his client’s version of events and strongly denied the accusations.

The officer, he said, would have been unable to drive five miles, stop a speeder and then shoot himself in a different location in the five minutes between the time he left the CHP’s San Juan Capistrano station and the time he radioed for help.

A passing motorist later told detectives that a CHP cruiser had stopped a red truck in the area where Burnett told authorities he had been shot, Barnett said.

The CHP officer has won numerous accolades, including a commendation in April for investigating a shooting, and has worked a number of prestigious assignments as a narcotics investigator, said Barnett, who criticized prosecutors for filing the charges.

“It sends a horrible message to people who wear a gun and a badge every day,” the attorney said. “They don’t know if they get shot whether they might end up as a defendant.”

Burnett is scheduled to appear in court on Feb. 10. He faces a maximum of 2 1/2 years in jail and a $3,000 fine if convicted.

Investigators have not announced who they believe fired the shots that struck Burnett, but knowledgeable sources said detectives think the officer inflicted his own wounds.

Baytieh declined to discuss a possible motive for such a shooting, saying he wished to wait until the case reached trial.

In other incidents, police officers have been accused of wounding themselves in order to win special attention within their departments.

In one local case, a Costa Mesa police officer confessed in 1984 to shooting himself with a tear gas gun. Officials at the time said Officer Bruce Ross had wounded himself in order to gain hero status.

Burnett’s wounds quickly brought him public sympathy as news spread of the shooting. Flowers and cards poured into the station where he worked from people impressed by his account of the attack.

Burnett told authorities he pulled over a suspected speeder in an open area just north of the Avenida Pico exit of Interstate 5.

Burnett said he approached the passenger’s door, and the driver reached over with a handgun. Before he had a chance to unholster his weapon, Burnett contended, the driver fired twice and sped off.

The officer said he struggled back to his cruiser and managed to drive south, arriving at San Clemente Hospital & Medical Center four minutes later.

One round to Burnett’s chest was stopped by his armored vest. Surgeons compared the blow from the bullet to being hit full force by a baseball bat. The other bullet tore through the officer’s right arm.