The San Diego County district attorney's office has determined that a San Diego Unified School District police officer acted in self-defense in the shooting death in April of a 17-year-old burglary suspect at a Paradise Hills elementary school.
It was the first slaying by an on-duty officer in the 20-year history of the school police force.
Paul Virgil Frank Marino of the 6800 block of Parkside Avenue in Paradise Hills was shot once in the chest by Officer Ray Cook as Cook and another officer struggled to arrest Marino on April 28, according to police and the district attorney's office.
Cook had reason to fear for his safety and that of Officer David Helms as they struggled to subdue Marino, the district attorney's office said Friday in a report written by Deputy Dist. Atty. Michael Pent.
'No Criminal Liability'
"It is our opinion and conclusion that the involved officer (Cook) bears no criminal liability for his conduct," Pent said.
A live pipe bomb "capable of inflicting great bodily harm" was found under Marino's body, Pent said. A folding knife was found a short distance away.
Attempts to reach Cook and Helms for comment were unsuccessful. The district attorney's findings "vindicate the officers' actions," said Jim Pilling, a supervisor with the school district.
"It's an unfortunate incident, but I feel more compassion for the officers involved," Pilling said. "They've really been sweating it. They were concerned about the district attorney's findings," but Cook felt the shooting was justified, Pilling said.
The officers were placed on paid administrative leave for three days after the shooting, Pilling said. They underwent counseling before returning to work about one week after the confrontation with Marino, Pilling said.
The only previous shooting involving a school district police officer occurred in the early 1970s, when an officer fired at, but missed, a burglary suspect, Pilling said.
Chain of Events
Attempts to reach Josie Figueroa, Marino's mother, were unsuccessful.
Based on the police investigation, Pent constructed the following chain of events:
Cook, 55, and Helms, 46, responded to security alarms about 2:17 a.m. at Zamorano Fine Arts Academy, an elementary school in the 2600 block of Casey Street. The officers discovered a broken window and saw Marino inside the classroom, Pent said.
Cook drew his service revolver, a .357 Smith & Wesson, and identified himself and Helms as police officers, Pent said.
