SAN DIEGO – Six San Diego police officers were justified when they killed a gunman during a foot pursuit on Interstate 805 last year, the District Attorney's Office said Thursday.
In a letter sent to San Diego Police Chief William Lansdowne last week, District Attorney Bonnie Dumanis said the officers would face no criminal liability for fatally shooting Cao Van Lam, a gang member.
The incident on Nov. 17, 2007, began as a surveillance operation by state narcotics agents.
The agents saw a gang member drive Lam to his ex-wife's apartment on 34th Street, where he burst inside and shot six people. One person died.
The agents, hearing the gunshots, tried to arrest Lam and the driver, Tri Vo. A shootout between an agent and Lam ensued, and the agent was shot in the stomach, police said.
Responding police officers saw Lam shortly after running across Interstate 805 with a gun in hand. Lam, surrounded by the six officers, refused to drop the gun, according to the letter.
Some officers told investigators that they saw muzzle flashes and believed Lam was firing at them. Others said they saw his gun raised toward officers as though he was ready to shoot.
The officers fired a total of 47 rounds, striking Lam multiple times, the letter states.
However, investigators found no shell casings from Lam's .45-caliber Ruger pistol, and concluded that he was out of ammunition during the chase.
“His actions on the freeway indicate he was still attempting to use his weapon to shoot or intimidate his pursuers, whether he knew he was out of ammunition or not,” the letter states.
Dumanis said the officers could not have known that he was out of ammunition and were justified in using deadly force under the circumstances.
An autopsy found methamphetamine in Lam's system.
Lam's driver, Vo, was arrested by agents at the scene and pleaded guilty in August to his role in the apartment shooting. Vo was sentenced earlier this month to seven years in prison.
Kristina Davis: (619) 542-4591;
kristina.davis@uniontrib.com
