Officer Concocted Tale of Being Shot by Driver, Agency Says

A veteran CHP officer who said he was shot during a traffic stop last summer concocted the story, sheriff’s officials charged Friday, wasting at least $40,000 in public funds spent on the ensuing manhunt and three-month investigation.

Sheriff’s Department sources said detectives were almost immediately suspicious about the shooting because of two factors: No blood was found at the scene, and the patrolman’s wounds resembled those made by the type of handguns issued to CHP officers.

Crime lab analysis revealed that characteristics of the wounds were inconsistent with CHP Officer Gary L. Burnett’s story and prompted detectives to reject the 11-year veteran’s claim that he was shot during a routine traffic stop, according to sources familiar with the investigation. Detectives have asked prosecutors to charge him with the misdemeanor of filing a false police report.

Although authorities remain unsure who fired the shots that struck Burnett and why, a source familiar with the investigation said detectives believe that he pulled the trigger himself. The source said tests of Burnett’s handgun did not support his claims that he did not fire the weapon.

Burnett, 39, could not be reached for comment Friday, but sheriff’s officials said he denies that he lied about the incident. He has been on administrative leave with pay while CHP officials finish an internal investigation.

The Sheriff’s Department inquiry involved up to 1,000 staff hours, and other local agencies from Anaheim to San Diego contributed hundreds more. From Orange County to the Mexican border, officers unsuccessfully scoured the freeways, searching for the driver of a red Toyota pickup whom Burnett had described.

Even at the time of the shooting, some CHP and other officers privately expressed disbelief that an assailant could have eluded such an intense dragnet, formed within minutes of Burnett’s radio call for help.

Tips from the public sparked at least two costly surveillance operations, including one involving a Dana Point man whom detectives spent hours trailing as he drove around town in a truck resembling the sought-after Toyota, said sheriff’s spokesman Jim Amormino. Sheriff’s officials are still tallying the cost of the operation but said $40,000 was a conservative estimate. It’s unclear how much the other agencies spent.

News of the Aug. 25 shooting drew widespread sympathy after Burnett managed to quickly provide a description of his attacker’s vehicle and then drive himself, bleeding profusely, five miles to the nearest hospital. One round struck Burnett in the chest but 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 upper right arm.

Flowers and cards poured in to the San Juan Capistrano station, where Burnett worked. And for weeks, drivers across the Southland called detectives with 150 sightings of vehicles that matched Burnett’s description of the pickup.

The incident also evoked memories of the fatal shooting of CHP Officer Don Burt three years ago during a routine traffic stop. Hung “Henry” Thanh Mai, 28, was convicted of Burt’s murder in July and could face the death penalty after the penalty phase of his trial, scheduled to start next year.

On Friday, Burt’s father, retired CHP Sgt. Don Burt, said the latest news came as a blow to relatives of slain police officers. Burnett is “making a mockery of people who sacrificed their life for something they believed in,” Burt said.

Burnett told authorities that he had pulled over a speeder near the Avenida Pico exit of Interstate 5 about 6 a.m. and approached the passenger’s window. Before he had a chance to draw his weapon, Burnett contended, the driver fired twice and sped off. Burnett said he struggled back into his patrol car, used his left hand to put the car in gear and drove to San Clemente Hospital and Medical Center.

Officials said they are unsure why Burnett might have wanted to shoot himself. Burt said wounded officers often get special attention when seeking promotions. The prospect of a fast-track career, he speculated, might inspire some to inflict injury on themselves.