DA Will Review Off-Duty CHP Shooting

A California Highway Patrol officer remains on the job after shooting a suspected thief Jan. 3 in Murrieta, but an investigation will continue into whether it was warranted, authorities said.

Murrieta police said the suspect, Mario Enrique Penton, 26, of Moreno Valley, on Wedgewood Way.

"We did not charge or arrest the officer," said Murrieta police Investigations Sgt. Phil Gomez. "However, that is not our call."

Gomez said the Murrieta Police Department is conducting the main investigation because it occurred in its jurisdiction, and that CHP is also conducting an internal one.

A spokesperson for the Riverside County District Attorney's Office said once the investigations are complete by the Murrieta Police Department and CHP, normal procedure calls for the files to then be submitted to the DA's office.

"The DA's office reviews officer-involved shootings for any criminal liability, which is pertinent to this case," DA Spokesperson John Hall told Patch.

However, a DA review could still be several weeks off, Hall said. Once a decision is made, the two departments would be notified of the outcome.

CHP Temecula Area Spokesperson Nathan Baer said the officer was not placed on administrative leave following the incident. The officer works in the San Diego area. No information has been made available by CHP as to their determination.

Police believe Penton was allegedly stealing patio furniture from the front yard of one of the officer's neighbors.

The officer, whose name has not been released publicly, was alerted to the alleged suspicious activity when he heard dogs barking, Murrieta police Capt. Dennis Vrooman said at the time.

Vrooman said the officer told them Penton was reaching into his pockets and vehicle, and then allegedly quickly brandished a handgun. 

"Based upon the suspect’s actions and fearing for his own safety, the officer discharged his firearm several times at the suspect and his vehicle," Vrooman said.

It is unclear how many rounds were fired by the officer, police said at the time.

Penton suffered bullet wounds to one of his legs, and was tracked down by police when he sought medical help about an hour later at Riverside County Medical Center in Moreno Valley.

"The suspect admitted to being at the Murrieta location at the time of the shooting," Vrooman said.

Penton has since been charged with three felonies: theft, assault of a peace officer with a firearm and resisting or defying an officer. He appeared in court Friday, where he pleaded not guilty to the charges. As of last week, he remained jailed at the Robert Presley Detention Center in lieu of $250,000 bail.