CALIFORNIA POLICE CHIEF SNIVELS TO THE ‘COMMUNITY’

Teen Injured After Morgan Hill Police Officer's Gun Accidentally Discharges

By Robert Salonga

The San Jose Mercury News
May 2, 2018

MORGAN HILL, California -- A bullet fragment struck a 14-year-old girl in the face when a police officer "accidentally" fired his gun after a car chase involving a stolen van she was riding in Sunday, Morgan Hill police said.

The girl, who suffered the injury near her eye, was taken to an area hospital where the fragment was removed, police Chief David Swing said Tuesday. She and another girl had exited the van and were complying with officers' orders when the gunfire occurred.

Swing said the girl was "treated and released from the hospital and is at home recovering with a positive prognosis."

"I've spoken with the families of both girls, and expressed our regret for what happened," Swing said. "We certainly wish nothing but the fullest and speediest recovery for the teenager who was injured."

According to a police statement, officers were called to the area of Cochrane Plaza around 7:30 p.m. Sunday regarding a van reported stolen earlier from Live Oak High School, and spotted a matching vehicle.

The officers tried to stop the van, but the driver sped away, police said, spurring a mile-long chase southwest to the area near Llagas and Del Monte avenues. The pursuit ended after police used their vehicle to push the rear corner of the fleeing van "that caused the vehicle to spin out." The van hit a light pole and toppled a fire hydrant, sending water into the air.

Soon after, two girls ages 15 and 14 -- both passengers -- got out of the van and began walking toward the officers, police said.

While ordering the two girls to get on the ground, an unnamed officer, described only as a 23-year police veteran, "accidentally discharged his service weapon into the ground near them," police said.

The bullet broke apart, and a fragment hit the 14-year-old girl near her eye, police said.

"She was transported to Lucille Packard Children's Hospital in Palo Alto, where it was successfully removed," police said.

Neither of the girls are suspects in connection with the stolen van, Swing said. He added that the involved officer had his gun drawn and pointed toward the ground as he approached the wrecked van.

"(Officers) were contacting occupants of a stolen vehicle after a pursuit. When that occurs, it's considered a high-risk stop," he said. "It's a very fluid and dynamic situation. The driver crashed, and copious amounts of water were inundating the scene."

The officer who fired his gun was placed on paid administrative leave while a police investigation was launched in conjunction with the District Attorney's Office, which is routine after any officer-involved shooting in the county.

Swing said the encounter was captured on officers' body-worn cameras, but that the footage is being treated as police evidence, and any decision on its public release would be made by DA's office. In the past, prosecutors have released body-camera video and images only upon the completion of a shooting investigation.

"I know the officer is taking it hard, as we all would and should, because he cares for our department, and for our community that he serves," he said.

The 16-year-old boy who was driving the van stayed inside the vehicle during the encounter and was later arrested on an outstanding arrest warrant for a probation violation, suspicion of possessing a stolen vehicle, and evading arrest causing injury, police said.

Swing said he understands the shock felt by the community, and hopes that the police department has garnered enough goodwill for the city to weather the incident.

"We want our community to understand that police officers are humans, and we will make mistakes," he said. "I would hope that our community here in Morgan Hill and others evaluate their trust and confidence in their police department by how we respond."