SAN DIEGO — A San Diego police officer who fatally shot an assault suspect who allegedly advanced on the lawman while swinging a metal chain has been cleared of criminal liability, the San Diego County District Attorney's Office announced Wednesday.
Officer Corey Pitts, a two-year veteran of the San Diego Police Department, shot 48-year-old Vaughn Harrison Denham in Southcrest last Aug. 8.
According to the D.A.'s review, which is summarized in a letter sent to SDPD Chief David Nisleit, several witnesses stated that Denham attacked another man with a machete, striking the victim in the head and causing "severe injuries." He also swung at the victim with a 4-foot long metal chain, which he later wielded at Pitts, according to prosecutors.
When Pitts arrived on scene at 5:11 p.m., Denham ran to the officer's patrol vehicle and struck the car with the chain. Pitts then got out of the vehicle and ordered Denham to drop the chain, but Denham proceeded toward the officer, according to the D.A.'s account.
Pitts then Tased Denham, but it appeared to have no effect, leading the officer to retreat for "a block and a half" before eventually firing two rounds from his gun at Denham in the area of Boston Avenue and South 40th Street, according to the letter signed by District Attorney Summer Stephan.
Former San Diego Police Department officer and SWAT commander, Ray Shay, weighed in on the dramatic body camera footage.
“The taser is not that accurate. It is most effective eight to 12 feet. Once the taser is deployed you can’t reload it,” said Shay.
Denham died in a hospital at around 7:45 p.m. Pitts was not injured.
An autopsy showed Denham had four gunshot wounds, but two of those may have been reentry wounds, according to the D.A.'s letter, which also says toxicology results showed PCP, marijuana and methamphetamine in his system.
“When PCP hits, people are unusually strengthened and do not feel pain. In years past when I was on the force, people were still able to progress towards you because of the PCP,” said Shay.
Former El Cajon Officer Kevin Lachapelle said some would argue, he would have been justified firing sooner.
“Officers right now are under such scrutiny. Many are afraid. What is going to happen if I do this, am I going to go to jail? [Is] my family not going to have someone supporting them? As opposed to them taking the action needed,” he said.
As to why the officer did not aim to hit him in the arm or leg, Shay said, “I don’t know another police department in the country that trains to shoot an extremity. It is not realistic."
The review concluded that "Pitts fired at Denham in his own defense. He therefore bears no state criminal liability for his actions."