Morgan Hill Police Officer Steve Pennington is back on the job
after a investigation by the MHPD and the Santa Clara County
District Attorney
’s Office found no wrongdoing when his gun misfired and the
bullet struck a burglary suspect in the arm.
Morgan Hill Police Officer Steve Pennington is back on the job after a investigation by the MHPD and the Santa Clara County District Attorney’s Office found no wrongdoing when his gun misfired and the bullet struck a burglary suspect in the arm.
“I can state unequivocally this was an accident,” Chief Deputy District Attorney Karyn Sinunu said Friday afternoon. “There is definitely no evidence to show this was anything other than an accident. In fact Mr. (Scott) Campione said he thought it was an accident.”
Pennington had responded, along with other officers, to a call about an attempted burglary in the early-morning hours April 24, when he accidentally shot Campione, 41, in the right biceps. Campione was allegedly fleeing from the scene of a break-in at the former Flying Lady restaurant on Foothill Avenue along the eastern foothills.
Campione, a Turlock resident, remains in Santa Clara County Jail in lieu of $15,000 bail on felony charges burglary and auto theft and a misdemeanor charge of possessing burglary tools. He is scheduled to enter a plea in court Tuesday.
“We were pleased to be able to do a thorough investigation into the incident,” MHPD Lt. Joe Sampson said Friday. “The facts were allowed to fall into place as they should … We have extended congratulations to investigators and the officers involved in all parts of the investigation.”
Sinunu praised the department for its “extremely thorough and painstakingly detailed” investigation of the incident.
Pennington, a four-year veteran of the force, returned to “full and regular” duty Friday, Sampson said. He had been on paid administrative leave since the shooting.
According to Sinunu and Sampson, the shooting may have occurred because of a laser sight mounted on Pennington’s gun, which Sinunu said can make the weapon difficult to holster. Pennington had drawn his gun as Campione raced away from the scene of the burglary in a pickup, heading toward Pennington, MHPD Officer Mindy Zen and two patrol cars parked across the roadway.
Campione stopped the pickup before hitting the officers. Pennington had drawn his Sig Sauer .40 caliber handgun, but as Campione stopped his pickup and got out, the officer apparently was returning the weapon to the holster when it “misfired.”
Campione was taken to St. Louise Medical Center in Gilroy, where he was released after treatment. The bullet had passed through his arm.
Sampson said all laser sights have been removed from the department’s weapons until an internal investigation by the department is completed. A part of the investigation will look at training procedures, the weapons and any modifications to them. He said the department is studying whether there is a need for a revision in procedures for modification of weapons or training.
Sampson commended Sheriff’s Office deputies involved in the investigation as well as the county crime lab. He said the probe involved “at least three investigators, working 40 hours a week for three weeks solid.”
“And that doesn’t include the supervisors, the additional help,” he said. “It takes a significant amount of time just for the criminal investigation. For the internal one, we’ll have one sergeant assigned pretty much full time. “
Marilyn Dubil covers education and law enforcement for The Times. She can be reached by e-mail at md****@*************es.com or phoning (408) 779-4106, ext. 202
