U.S. Atty. Declines to Prosecute Officer Over ’98 Shooting

Capping a yearlong investigation, federal authorities on Tuesday said they will not prosecute a Santa Ana police officer who fatally shot a suspected car thief in a controversial 1998 confrontation that triggered protests from the Latino community.

“The case is closed,” said Assistant U.S. Atty. Michael Gennaco, head of the U.S. attorney’s office’s civil-rights section.

Authorities would not disclose details of the probe other than to say there was insufficient evidence to file criminal charges. The case was investigated by agents of the FBI’s Santa Ana office, and their findings were later forwarded to the Department of Justice in Washington for a final decision.

Last year, the Orange County Grand Jury declined to seek prosecution against Officer James F. Tavenner, a 10-year veteran.

The incident occurred on a residential street in west Santa Ana when Tavenner confronted Jose Manuel Campos after spotting him in a parked car that had been reported stolen. In his grand jury testimony, Tavenner said he fired one shot into the car because Campos started driving away and he feared being run over.

But several witnesses, including Campos’ girlfriend, who was in the car, said that Campos posed no threat and that the officer provoked Campos before firing a bullet into his ear at point-blank range.

The decision to drop the federal case angered many community activists, who called the investigation a whitewash.

“I’m disappointed. This is just one more injustice in this case,” said Josie Montoya, a spokeswoman for the League of United Latin American Citizens.

Earlier this year, Santa Ana paid $205,000 to Campos’ family to settle a wrongful-death lawsuit--the second time the city settled a case alleging excessive force by Tavenner. In 1993, a $200,000 settlement was paid to a suspect who said he was beaten by Tavenner after a hit-and-run accident.

Since the shooting, Tavenner has been transferred to the detective bureau, where he investigates robberies and other crimes. Earlier this year, Tavenner was part of a unit that received an award for improving the image of the Police Department through community service.

Federal authorities said they reviewed the case thoroughly.

“The evidence gathered during the course of our investigation led us to the conclusion that this case did not warrant a federal prosecution,” said Thom Mrozek, a spokesman for the U.S. attorney’s office.

Few details were ever disclosed about the confrontation, aside from Tavenner’s testimony during the grand jury investigation.

Tavenner testified that he was standing at the car door with his pistol pointed at Campos’ head when Campos started the engine and began pulling away from the curb. He said he yelled several times for Campos to stop, but Campos refused.

Tavenner said he tried to keep pace with the car, keeping one hand on the door and his gun aimed at Campos. Fearing Campos would get away and run over him if he let go, Tavenner fired one shot into the side of Campos’ head. It was the first time Tavenner had ever fired his gun on duty, according to police.

Campos, who was 28 years old, died the next day. Tests showed heroin and alcohol in his blood. A parolee with a lengthy criminal record, Campos was wanted on a drug-possession charge at the time of his death.

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Case Closed on Police Shooting

Shooting scene

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