Two other suspects sought in connection with break-in; few
details released by police
A 42-year-old Modesto man was shot in the arm by a Morgan Hill Police officer early Sunday morning during what appeared to be an attempted burglary, according to police.
The officer was responding to a report of a possible burglary on Foothill Avenue near Maple Avenue along the eastern foothills, at the site of the former Flying Lady restaurant and Hill Country Golf Course now owned by John Fry and partners.
The officer was approaching the scene on foot on the rural, two-lane road at 2am when he saw a gray pickup coming toward him at a high rate of speed without its headlights on, MHPD Lt. Joe Sampson said.
The pickup reportedly stopped abruptly, near the officer, and the suspect, Scott Campione, got out of the truck but refused to obey the officer’s instructions to surrender.
The officer then shot Campione in the arm, Sampson said.
The reason the officer fired, Sampson said, is “an integral part of the criminal part of the investigation,” and could not be released at this time. The name of the officer also is being withheld.
Police and the Santa Clara County District Attorney’s Office have released few details of the shooting and events leading up to it.
Campione was taken to St. Louise Medical Center in Gilroy, where he was treated and released to the custody of MHPD officers. The bullet apparently went through the arm, Sampson said.
Campione, an unemployed construction worker, is currently in county jail in lieu of $10,500 bail.
MHPD officers are still looking for two other suspects who fled the scene as officers approached early Sunday morning.
The shooting is the first in at least 20 years involving a Morgan Hill police officer, Sampson said.
“The collective memory (of the current MHPD) could not recall an officer-involved shooting here in the past 20-25 years,” Sampson said.
Not immediately identifying the officer, a four-year MHPD veteran, involved in the shooting is standard procedure for MHPD and other police agencies, Sampson said.
“We don’t release the name until the officer has had a couple days, time with family, time to adjust,” Sampson said. “Once the name is released, it generates even more attention to that officer. We weigh the officer’s well-being with the public’s right to know.”
The officer, who is on paid leave, likely will be identified by the end of the week, Sampson said.
“The officer will have the opportunity to receive counseling, the opportunity to talk to a chaplain,” he said. “We want to make sure the officer is on emotionally solid ground. Generally what we’re looking at is a day-to-day thing, based on what the counselors and chaplain tell us, as far as a return to duty.”
If, during the preliminary internal investigation, there is enough evidence to show the officer acted correctly, the officer could return to duty before the full investigation is completed. Sampson said.
The shooting took place after officers responded to an early-morning call that came from one of the “five or six” groundskeepers living on the property.
Sampson said the boarded-up restaurant, reached by a driveway at 14830 Foothill Ave. just south of Maple Avenue, was used to store generators and equipment that the suspects may have been after.
“Also, the exterior signage, some of it is stained glass, is something burglars could sell for money,” he said.
Besides the truck driven by Campione, Sampson said a van found at the scene was also impounded. The truck and the van are being examined as a part of the investigation.
Sampson said it was not yet clear whether any stolen items were found in the truck or van.
“There are three investigations that are going on simultaneously,” Sampson said Monday. “There is the burglary investigation, an officer involved in a shooting and there is the administrative investigation.”
The administrative investigation is an internal investigation by the department to determine if the officer acted correctly. Such an investigation is standard procedure, Sampson said.
The Santa Clara County District Attorney’s office also is involved in the case, Sampson said.
Sampson said later Monday that Karen Sinunu, chief assistant district attorney, had limited the release of information about the shooting. He said more details would be released later in the week.
“We’ll interview everyone that’s involved in any investigation, pull all the investigators together, get all of the facts together and, with the DA’s office, decide what information is appropriate to release,” said Sampson.
“We’re going to wait for the police to complete their investigation,” Sinunu said. “We have to look at every angle. As soon as it is complete, we’ll issue a statement.”
Two investigators from the district attorney’s office are assisting in the investigation.
Sinunu said the officer is fully cooperating with the probe.
Golf course neighbors contacted Monday afternoon said they were unaware of the shooting.
“That’s scary, I thought this was quite and peaceful country,” said Tracy Christensen, who moved across the street from the golf course over the weekend.
Foothill Avenue resident Rich Gamboa, who lives across the street from the golf course and near the incident, said he and his family slept through the shooting.
“We didn’t hear a thing,” Gamboa said Monday.
The golf course property is now owned by John Fry of Fry’s Electronics and several partners, under the name of Corralitos Creek LTD.
The group built a world-class golf course over the Hill Country course and has announced plans to move Fry’s American Institute of Mathematics, now in Palo Alto, into a reconstructed Flying Lady building or an entirely new building on the site.
The golf course and restaurant had been owned by Irv Perlitch.
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.
Staff Writers Matt King, Carol Holzgrafe and Editor Walt Glines contributed to this story.
