Justice Dept. Won’t Prosecute Ex-O.C. Deputy

The U.S. Justice Department has decided not to bring federal civil rights charges against former Orange County Sheriff’s Deputy Brian P. Scanlan, who shot and killed his partner during an impromptu training exercise on Christmas Day, 1993.

“We did not find sufficient evidence to suggest there was any prosecutable violation of a criminal civil rights statute,” Justice Department spokesman Myron Marlin said Thursday.

The decision by the Justice Department not to send the case to a federal grand jury effectively ends the possibility of criminal charges being brought against the retired deputy, who has steadfastly maintained that he accidentally fired the shot that killed his 30-year-old partner, Darryn Leroy Robins.

Community leaders and the victim’s family had sought the federal probe after the Orange County Grand Jury refused local prosecutors’ request for an indictment. The Orange County district attorney’s office concluded last year that Scanlan had been “grossly negligent” and suggested that he be charged with involuntary manslaughter.

But in an unusual twist, prosecutors turned the final decision over to the local grand jury, which declined to issue an indictment.

Critics of the local investigation questioned whether the case had been handled properly and whether the shooting was the result of a “trigger-happy” law enforcement mentality. They also questioned whether the shooting had anything to do with the slain deputy being an African American. Scanlan, 33, is white.

On Thursday, Robins’ sister, Laronda Magee, said that she had “no feelings” about the Justice Department’s decision. “If they were going to do something, they would have done something about it a long time ago,” she said. “I have put it out of my mind.”

The slain deputy’s mother, Mildred Fisher, said she was surprised to hear that the federal probe had ended.

“I haven’t heard anything recently,” Fisher said. “I don’t have any comment about it at all.”

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But leaders of Orange County minority groups were bitterly disappointed by the outcome of the probe.

“This is status quo--modern lynchings,” said Randy Jordan, publisher of the Black Orange, a magazine aimed at the county’s black community. “There are questions. But they’re never going to be answered.”

Law enforcement officials, who still live with the bitter memory of one of the worst incidents ever to befall the Sheriff’s Department, expressed relief over the federal decision.

“If nothing else, I hope it helps to bring closure on this matter,” said Capt. Bob Kemmis, a spokesman for the Orange County Sheriff’s Department.

Local investigators have long maintained that the shooting was not intentional but a tragic accident. Both deputies had stopped behind a Lake Forest movie theater to stage a training exercise in which they played out a car-stop. Robins, sitting behind the wheel of his patrol car, apparently tried to demonstrate how gang members could get the drop on officers by pulling a concealed weapon from the visor of his car and pointing it at Scanlan, according to Scanlan’s account to investigators.

Scanlan told authorities that he was startled to see Robins pull the handgun and accidentally fired a single gunshot to Robins’ head.

Scanlan was placed on paid leave after the shooting and was granted a service-connected disability retirement in January.

Marlin, the Justice Department spokesman, refused to comment on the scope of the 16-month federal investigation or to disclose the reasons for the decision not to prosecute Scanlan. “Obviously, we would review any additional evidence that might come to light in the future,” Marlin said.

Early on, FBI agents gathered evidence to determine whether Scanlan broke a federal law by depriving Robins of his civil rights under color of state law, the same statute used in the criminal and civil proceedings against the officers involved in the beating of Rodney King, USC law professor Erwin Chemerinsky said Thursday.

Chemerinsky speculated that the Justice Department believes it could not successfully meet the difficult standard of proof in court that the shooting was the result of “excessive force” or was based on racial prejudice.

The criminal section of the Justice Department’s civil rights division handles thousands of complaints each year, ranging from hate crimes to excessive police force, with comparatively few reaching grand juries, according to department statistics.

During the previous 10 years, the office received almost 84,000 complaints, forwarded about 20,000 to the FBI for investigation, took 545 cases to the grand jury and got 322 indictments, those statistics show.

Robins’ widow and mother have filed wrongful-death claims against the county--a precursor to a lawsuit--seeking more than $15 million in damages. The claims are still pending.

Widow Rosemary Robins contends that the Sheriff’s Department knew officers routinely trained with loaded weapons in the field. Fisher, the slain deputy’s mother, alleges that Scanlan violated her son’s civil rights and that Scanlan had a history of reckless conduct and racial discrimination--allegations that Scanlan has denied.

The county has extended until September the deadline for a decision on the claims.

Assistant Dist. Atty. John Conley, whose office failed to convince the local grand jury to indict Scanlan in the killing, said that the end of the federal probe did not come as a surprise.

“We did not expect the [Justice Department] to come to a different conclusion,” Conley said. “We had heard informally about 10 days ago from the FBI [about the Justice Department’s decision], but we haven’t received anything in writing.”

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In March, 1994, the district attorney’s office took the unusual step of publicly releasing almost all of its investigative files to quash rumors that the shooting was not accidental or that Scanlan was being given special treatment.

“When the [FBI] asked to look at our files, we turned over everything to them,” Conley said.

Given the public disclosure of the case file, Robert MacLeod, general manager of the Assn. of Orange County Deputy Sheriffs, said that he was taken aback when the FBI decided to conduct a separate investigation. But he was not surprised by the conclusion, he added.

“This doesn’t really represent closure for anyone,” MacLeod said. “The Robins family and the Sheriff’s Department are still deprived of [Deputy] Darryn Robins. The only thing it offers is an opportunity for the wounds caused by this incident to begin to heal.”

Critics still argue that the questions surrounding the case might never be answered.

Eugene Wheeler, former president of 100 Black Men of Orange County, a community group that led the call for federal intervention in the case, said that he was disappointed but not surprised by the federal decision.

“Things were moving very slowly, and we were not getting any answers,” Wheeler said. “I am not sure what they have and why they made that decision, but we believe that given the circumstances . . . there are a lot of unanswered questions.”

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Key Dates in the Scanlan Case

December, 1993: On Christmas Day, Orange County Sheriff’s Deputy Brian P. Scanlan shoots fellow officer Darryn Leroy Robins during an impromptu training session behind a Lake Forest movie theater.

January, 1994: Sheriff Brad Gates acknowledges internal policies were violated during the shooting; slow disclosure of details about shooting propels coalition of black leaders to call for civil rights investigation of Scanlan, who is white.

March, 1994: District attorney’s office concludes Scanlan acted in “gross negligence” and recommends charge of involuntary manslaughter. But grand jury later declines to issue criminal indictment.

April, 1994: U.S. Department of Justice launches investigation to determine whether Scanlan violated federal civil rights laws.

June, 1994: Slain deputy’s wife and mother file wrongful-death claims seeking more than $15 million in damages.

January, 1995: The county grants Scanlan service-related disability retirement, with about $2,100 a month in payments.

Aug. 10, 1995: U.S. Department of Justice decides not to prosecute Scanlan.

Source: Times reports; Researched by APRIL JACKSON / Los Angeles Times