Detective Was Wrong in Fatal Shooting, Board Says

Ruling that one of the city’s most controversial police shootings was improper, an internal San Diego police review board has determined that a veteran detective was wrong to fatally shoot a British citizen last August, according to police sources.

The shooting in Mission Valley, which grew out of a child custody battle between John Joseph Kelley and his wife, angered witnesses who called the incident unprovoked.

In January, the district attorney’s office ruled that Detective Leslie Oberlies, a 24-year veteran, wasn’t criminally liable in the shooting and did not criticize his actions.

But the department’s shooting review board--three commanders, a sergeant and a member of the city attorney’s office--judged that the shooting violated department guidelines because Oberlies was wrong to have fired, according to police sources who spoke to The Times on condition of anonymity.

Two sources familiar with the board’s findings said Oberlies has been told to retire or risk being fired after his case is reviewed by the chain of command and ultimately decided by Police Chief Bob Burgreen.

In an interview, Oberlies said he had not been notified of the review board’s decision and had been planning to retire anyway by the end of the year.

“Ever since 1983, I was planning to retire once I had 25 years in,” he said. “Of course, it’s going to look like I’m running. But I’m not.”

The police shooting review board determined that Oberlies unreasonably considered himself to be in danger when he shot and killed Kelley, a 30-year-old Englishman who taught karate to Navy SEALs.

Kelley had been involved in a bitter custody dispute with his wife at the time the police intervened. Although Oberlies, 51, works in the criminal intelligence unit, he was asked to work the case by a superior, Sgt. Bill Campbell.

A highly placed police source said Oberlies should not have shot Kelley.

“Although he was not criminally culpable, his judgment was not reasonable in meeting the standards of our shooting policy,” said the source, who asked for anonymity because personnel matters involving police officers are kept secret by state law.

“Although he was afraid in that situation, it was an unreal fear,” the source said. “He had no reason to shoot that man. With the information he had at the time of the shooting, he should not have reacted the way he did.”

Several colleagues of Oberlies have suggested that he retire now before disciplinary proceedings begin.

“One option that some of his friends are recommending is that he get out now--he’s already over 50--before the ax comes down,” a source said.

A detective in the criminal intelligence unit, Oberlies was asked by Campbell last August to check out the child custody dispute in which it was alleged that Kelley took two of his children.

Kelley’s estranged wife, Ruki, had obtained temporary custody of her three children with the stipulation that they not be removed from San Diego County.

Oberlies was to meet Kelley at the office of Dr. Gary Manchester in Hillcrest, where Kelley was expected to pick up some money being held for him. Kelley once worked as a limousine driver for Manchester.

According to the district attorney’s report, Manchester told Oberlies and his partner that Kelley was an expert marksman and had taught karate to the Navy SEALs team. He also told Oberlies that Kelley had claimed to have beaten up six men in a bar one night.

Although Manchester said he did not expect Kelley to be violent in his office, Oberlies warned the doctor that there might be shooting, the report said.

“We couldn’t believe it when he said that; we were shocked,” Manchester said in a recent interview. “We all just kind of laughed. John Joe was not dangerous. I never saw him handle a gun.”

Kelley never showed up that day, and called Manchester’s office to say he was in Chicago and wouldn’t be meeting the doctor to pick up his money. Manchester and Oberlies both figured Kelley had seen the officers outside the doctor’s office and decided not to approach.

That same evening, Ruki Kelley contacted Oberlies through an intermediary to say that her husband wanted to meet her at a Denny’s Restaurant in Mission Valley. The district attorney’s report said Ruki Kelley then spoke to Oberlies directly and was reported to be frantic, worried that her husband would kill her if she appeared at the restaurant.

Oberlies showed up instead, in an unmarked police car and civilian clothes. He called two other officers for backup but approached Kelley before they arrived. Oberlies believed Kelley would run and he said he identified himself, called out Kelley’s name and ordered him to get on his knees, the report said.

Kelley ignored Oberlies and the officer pulled out his gun, the report continued. Kelley proceeded to get into his Cadillac. Although Kelley was not carrying a gun, Oberlies told investigators that he became nervous because he believed Kelley knew karate.

“I want to tell you I’m scared . . . .less ‘cause I can’t whip this guy and he knows it and I know it,” he told investigators.

With Oberlies taking aim, Kelley got in his car and started the engine. Oberlies told investigators he was afraid Kelley might have a gun.

“The door is standing open and I’ll tell you, I’m thinkin’ range of fire. . . . He’s a military man and there’s range of fire,” he told investigators. “And if the tape wasn’t on, I’d tell you what I did right at this point, I was scared.”

Oberlies said he thought he saw Kelley reach under the driver’s seat for a gun. Oberlies fired two rounds from his 9-millimeter service pistol.

“It’s my birthday in two hours and I’m not gonna die on my birthday, I don’t want my kids to remember me dyin’ on my birthday,” he said to investigators.

Kelley slumped down. From 4 feet away--worried that he was alive and reaching again for a gun--Oberlies fired three more times. Investigators determined that Kelley had been hit the first time, probably in an attempt to release the parking brake.

Police commanders from the shooting review board determined that Oberlies had no reason to approach Kelley in such a frightened state, according to the police sources.

Don Warren, an attorney representing Ruki Kelley in a wrongful death lawsuit he is planning to serve on the city in the next month, said he was delighted to hear the shooting review board’s findings.

“This is just great news,” he said. “I could not agree with them more. They had a training procedure that work these guys into a state of paranoia. It must have had something to do with his overreaction and his emotional state.”

Oberlies said last week that he had not been told about the review board’s findings. He said nobody had suggested to him that he should resign.

“I’m looking for that proverbial chicken farm to retire on,” he said. “I looked in Arizona and didn’t find it. I’ve looked in Colorado and Utah and up around Wyoming and Nevada. There’s nothing unhappy about retiring. There’s life after the police department.”