Morgan Hill
– A Morgan Hill police officer told superiors his gun
”
misfired
”
when he shot a burglary suspect in the arm early Sunday morning,
according to court records.
Morgan Hill – A Morgan Hill police officer told superiors his gun “misfired” when he shot a burglary suspect in the arm early Sunday morning, according to court records.
The officer was attempting to apprehend a 41-year-old Turlock man who was fleeing the area of a private golf course in the eastern foothills owned by John Fry and partners.
In a statement later that morning to Sgt. Dave Myers, Officer Steve Pennington, a four-year veteran of the department, said he had “misfired” his Sig Sauer .40-caliber handgun when attempting to apprehend Scott A. Campione. Pennington remains on paid administrative leave while the investigation is under way.
The statement was part of the police report filed in Santa Clara County Superior Court. Details about how the “misfire” occurred were not included in the report and officials declined to release details.
The circumstances of the “misfire” are a part of the investigation into the shooting, MHPD Lt. Joe Sampson said Thursday.
“In an effort to balance the interest of the public’s right to know with the right of the officer and Mr. Campione to a fair and unprejudiced trial, further details of the proximate cause of the shooting will be available after the District Attorney has reviewed the case and issued a statement,” Sampson said in a statement.
When Campione was shot, court records indicate the officer and suspect did not immediately realize Campione had been hit.
Campione was taken into custody by Pennington without further incident. Pennington had followed Campione, who was attempting to flee from the restaurant area in a pickup which was later discovered stolen.
Other officers were searching for two other suspects while Pennington chased Campione. The other suspects were not found. A subsequent search of the area by police and Sheriff’s Office deputies, including a K-9 unit, was unsuccessful.
Karyn Sinunu, chief assistant deputy district attorney, said Thursday she expects to review the department’s investigation into the officer-involved shooting next week. The District Attorney’s office typically reviews such incidents.
“The shooting portion of the investigations will obviously be completed first, likely by the end of next week,” Sampson said. “We’ll then have a sit-down, meet in person with the DA’s office to go over the case.
“The burglary portion, that case is on its way to the court after the arraignment (Wednesday),” Sampson said. “The internal portion, the third arm, is the one we really have the most time to be meticulous with, and that one is certainly impacted by what the DA decides.”
The shooting occurred about 2am on the site of the private golf course.
Police were at the scene of the restaurant, closed since 1994, after a golf course groundskeeper reported a break-in.
With Pennington were officer Greg Dini, reserve officer Ken DeLuna, Cpl. Mindy Zen and Sgt. Mark Brazeal.
Pennington told Brazeal that he originally believed the round had gone into the ground. Campione had been placed in Zen’s patrol car, which also was occupied by a civilian ride-along, according to the police report.
Zen in her report said the suspect had complained to the ride-along about pain to his arm. “I advised the ride-along and suspect the handcuffs would not be removed until the scene was stabilized,” Zen reported.
A few minutes later, according to the report, the suspect “advised that his arm was hurting, that he heard over the police radio there had been a misfire and he may have been hit in the arm.”
Zen said she checked the suspect and found a dark, wet area on his right biceps. She said there was blood on her palm after squeezing the suspect’s sweater.
A short time later, Campione was taken to Saint Louise Regional Hospital in Gilroy where he was released after treatment.
Campione, an unemployed construction worker, was arraigned Wednesday in the Santa Clara County Court facility in San Martin. He was charged with burglary and auto theft, both felonies, and a misdemeanor charge of possessing burglary tools.
He is scheduled to enter a plea Tuesday.
According to court documents, Campione served time for possession of a controlled substance for sale and was convicted earlier of possession of stolen property, possession of a controlled substance for sale, manufacture of a controlled substance and identification forgery.
Pennington, 48, has worked for the MHPD for four years. Prior to that, he worked for the City of Morgan Hill from 1987-2001 as a housing rehabilitation worker and code enforcement officer.
