CHP Officer Cleared in Off-Duty Shooting of Burglar

There was no wrongdoing on the part of a California Highway Patrol officer who was off duty when he in Murrieta, authorities have determined.

The 37-year-old officer shot a .40-caliber Smith and Wesson at the burglar——because he feared for his life, according to an affidavit filed by Murrieta police.

As is customary for officer-involved shootings, after Murrieta police and CHP completed their investigations.

"It was determined that there is no criminal liability on the part of the officer in this case," John Hall, spokesperson for the DA's office, said Friday.

In a plea agreement Feb. 24, Penton, 25, pleaded guilty to resisting an officer and possessing stolen property. He was sentenced to one year in county jail to be followed by two years and 8 months of supervised release.

In an affidavit obtained by Patch, the morning of the shooting was recounted by police.

The CHP officer told police he and his wife were awoken at 3 a.m. Jan. 3 by their barking dog. This prompted him to go outside his home on Wedgewood Way, a cul-de-sac in Murrieta, according to the affidavit.

"[The CHP officer] told [the Murrieta officer] he grabbed his .40-caliber Smith and Wesson prior to walking outside to see why his dog was barking," wrote Detective Danny Martin. "Perry said he put the handgun into a holster."

The CHP officer told police he saw a figure wearing dark clothes crossing the street toward a parked truck. The person got into the truck and drove closer to the officer's home with only the parking lights on. He said from his driveway he watched the person walk into his neighbor's yard and begin to drag something back toward the truck.

At first he thought it may have been a body, he told officers, but he realized it was lawn furniture.

He told officers he confronted the person, who stuck his hands into his sweatshirt. He told officers he feared the person was retrieving a weapon, Martin wrote.

"...he identified himself verbally as 'a cop' several times while telling the person to get down."

The person ignored him, Martin wrote. The CHP officer "feared for his life and felt the person was going to shoot him."

According to the affidavit, Penton got into the truck and flashed a "shiny handgun." The officer then shot several rounds into the front driver's side door of the truck, as Penton started to drive off.

Penton was interviewed by law enforcement when he checked into the Riverside County Medical Center in Moreno Valley a short time later to get medical attention for three gunshot wounds to his leg.

"Penton told [a Murrieta police detective] that he had been shot in Murrieta by an unknown person," Martin wrote. "Penton told [the detective] he had been looking for a female's house [...] and was confronted by the male."

Martin said Penton told police "the male had a handgun so he picked up a lawn chair from the front yard of the residence to defend himself."

The truck driven by Penton was found with several bullet holes to the driver's side front door, Martin wrote.

Officers also learned the truck was registered to Penton's mother.