Officer at Fault, CHP Says, but Suspect’s Death Was Accidental

An investigation has concluded that a veteran Westminster police officer was at fault when he killed a hit-and-run suspect by pinning him against a palm tree with his patrol car, officials said Friday.

But the California Highway Patrol investigation determined that Officer Charles Shinn III -- who used his car to block the path of a fleeing Hoang Bui, 30, of Westminster -- acted unintentionally and accidentally, Westminster Police Chief Andrew E. Hall announced at a news conference.

The investigation also found that Bui contributed to his death by running in the street and failing to yield to emergency vehicles, officials said. Shinn’s patrol car had its emergency lights on, according to police.

Shinn could not be reached for comment.

On the night of the Feb. 9 incident, Shinn was flagged down by a motorist who reported that the man driving in front of him, later identified as Bui, had fled the scene of an accident. The officer pulled over Bui’s car and, within 30 seconds, drew his weapon and fired at least one shot at Bui, who drove away, said Jim Amormino, spokesman for the Orange County Sheriff’s Department.

Bui was shot in the shoulder. After a short pursuit, he got out of the car and ran. Shinn then made a wide turn on the sidewalk to block Bui’s path, but his car collided with the suspect, pinning him between the car and a 4-foot palm tree, Amormino said. Bui was pronounced dead at the scene.

His mother, Rose Bui, who did not attend the news conference, said the shooting was unjustified.

“My son didn’t have a weapon,” said Rose Bui, 57, of Midway City. “On the news, I see police chase people for hours and not shoot them. Why did they shoot my son after 30 seconds?”

Hoang Bui, who came to the United States from Vietnam in 1989 through an immigration program for Amerasians, was a truck driver. He had two small children and was on his way home from Lunar New Year celebrations at the time of his death.

Shinn, a 15-year veteran with the Westminster police force, remains on paid administrative leave, Hall said.

Shinn was sued in 1989 after Douglas Davis, an aerial photographer and pilot from Riverside County, alleged that Shinn -- then an Orange County sheriff’s deputy -- used excessive force during a search. Davis had been taken into custody at John Wayne Airport after unknowingly flying in restricted air space above former President Reagan’s Bel-Air home.

The suit alleged that the search was “conducted in a violent and abusive manner,” naming Shinn as the most violent officer present. The case was eventually settled in 1992 for $100,000 against Shinn and the county, court records show.

Shinn also was sued in the early 1990s for allegedly using excessive force. The case was settled for $7,500, county officials said.

The Orange County district attorney’s office is considering whether to file criminal charges against Shinn, officials said.