SAN MATEO, Calif. — Prosecutors won't file charges against a California police detective after determining he accidentally shot a suspected gang member with a submachine gun after tripping on a curb.If you or I tripped over a shoelace, blade of grass or our own two feet, I don't think we would be let off.
San Mateo County District Attorney James Fox says Det. Kurt Rodenspeil is not criminally liable for shooting 24-year-old Joseph Ortega in the heart in August.
A report on the investigation released Wednesday says Ortega was shot when the detective lost his balance and his gun discharged.
Police say the shooting occurred as two men tried to flee in a car, with Ortega being shot as he tried to ram a police car.
Ortega remains in custody on felony charges of assault with a deadly weapon and battery on a police officer.
Nothing more deadly than a full-auto burst.