No Murder Charge to Be Filed in Slaying of Off-Duty Officer

The Los Angeles County district attorney’s office declined to file murder charges Wednesday against a man in the Labor Day shooting death of an off-duty Pasadena police officer, saying that it appeared to be self-defense.

Marcus L. Powell, 27, allegedly shot Corneal Howard Milloy, a 12-year veteran officer, after Milloy forced his way into the Palmdale home of a former girlfriend. Prosecutors said Milloy threatened to harm the woman and “any new man she was with,” according to prosecutors. Powell, who officials previously said resided in Los Angeles, had been living at the Palmdale address, according to prosecutors.

“The investigation thus far suggests that Powell may have killed the victim in self-defense, defense of home or defense of others,” Donna Wills, head deputy district attorney of the family violence division, concluded in a written report dated Wednesday.

Prosecutors said California law allows the use of deadly force by any person against an intruder into a home when the resident fears death or bodily injury.

Powell, who had been held on $1 million bail since Monday, was expected to be released late Wednesday, authorities said.

Sheriff’s investigators have said the shooting occurred after Milloy, 40, entered the house and became involved in a “physical altercation” with his ex-girlfriend.

In her report Wednesday, Wills noted that before entering the Palmdale home, Milloy had made “numerous threats over the telephone to harm” the woman and any male friend.

When Milloy stormed into the house shortly after 6 a.m Monday, the ex-girlfriend and her daughter tried to hold on to him as the veteran officer shouted for Powell, according to Wills’ report.

Powell told investigators that, in fear for his life, he grabbed a gun and shot at Milloy, who came at him after ignoring a verbal warning, Wills wrote. Powell fired again when Milloy continued to come at him, she added.

Wills noted that the threatening nature of Milloy’s visit was corroborated by more than 22 calls he made to the ex-girlfriend from the Pasadena Police Department.

“Both she and her daughter told Milloy not to come to the residence, but he continued to be enraged that some other man may be with his ex-girlfriend,” Wills wrote.

Wills noted that Milloy reportedly had a history of domestic violence against the ex-girlfriend and had made threats against another woman--the mother of one of his children--and her new boyfriend.

The prosecutor was referring to an incident early this year at the Pasadena Police Department, where Milloy threatened to kill an officer who was dating a female colleague with whom Milloy had a child, officials said.

Milloy was suspended for 30 days without pay for the incident, sources said. His death came less than a week after the department received a certificate showing he had completed an anger management course, which Pasadena Police Chief Bernard Melekian required him to take with the suspension.