The San Bernardino County District Attorney ruled this week that sheriff's deputies were legally justified in the non-fatal shooting of an Apple Valley man last year.
Mark Daniel Whittaker, 29, was shot in the area of Erie and Thunderbird roads in Apple Valley in the early morning hours of April 23, 2012, after he reportedly aimed and shot a pellet gun at deputies.
According to the DA's findings, which were made public Thursday, San Bernardino County Sheriff's Apple Valley Station deputies came to the location after receiving a report of a man roaming the neighborhood with a rifle and a knife.
The deputies saw Whittaker with a rifle in his hands, and Whittaker ran and hid behind a tree before aiming the rifle at the deputies, the report states.
Deputies Jason Grantham and Brian Grimm took cover behind the doors of their patrol unit and commanded Whittaker to drop the weapon, but he did not comply. According to the DA's findings, Grantham heard a popping sound which he believed to be Whittaker shooting at him.
A shootout ensued. Neither deputy was injured, but Whittaker sustained a single gunshot wound to the buttocks, the report states.
As he surrendered, Whittaker told deputies that he was schizophrenic and hadn't slept in days. A pellet gun, a hammer and a large knife were found at the scene.
The DA's report states that Whittaker attacked a third deputy while he was being transported to a hospital, causing lacerations and contusions by kicking the deputy in the face and chest. Whittaker was subdued with a stun gun.
Court records show Whittaker is still undergoing court proceedings for charges of assaulting the deputies with a deadly weapon other than a firearm or with force likely to cause great bodily harm.
Copyright 2013 - Daily Press, Victorville, Calif.
McClatchy-Tribune News Service
