Deputy Luke Berhalter Shoots Woman in Her Own Backyard

In California, a woman was shot by San Diego County deputy Luke Berhalter, in her own backyard. Berhalter was allegedly checking her backyard for a masked man.

According to 10News,

Deputies were called to 8900 block of Leigh Avenue shortly before 10:30 p.m. Sunday to investigate a suspicious man seen in the area wearing a ski mask, according to San Diego County sheriff’s homicide Lt. Larry Nesbit.

Deputies arrived and determined the man had left the area, walking away in an eastbound direction, Nesbit said in a statement.

While checking for the man one to two blocks away from Leigh Avenue, deputies entered the backyard of a residence in the 200 block of Via Tapia, Nesbit said.

“At some point, while in the backyard of the residence, there was contact between the deputies, who had their weapons drawn, and a female resident of the home,” Nesbit said. “During that contact, one of the deputies fired from his service weapon. The female was struck in the arm by the round.”

Paramedics took the wounded woman, identified as Jennifer Orey, to an area hospital, where she was listed in good condition and expected to be released Monday, Nesbit said.

However, family members say the sheriff’s department is not telling the whole truth about the extent of Orey’s injuries.

“You know what, you guys need to get your story straight,” said Dennis Morgan, Orey’s father. “She wasn’t shot in the arm she was shot in the chest.”

Orey’s sister-in-law, Kristin Arzaga-Morgan, told 10News Orey made it through surgery early Monday to repair the wounds from the bullet that entered her chest, exited through her bicep and struck her pinky finger.

“Part of a bullet ricocheted off and hit her in the pinky, and they also had to do a little bit of repair to her pinky as well,” said Arzaga-Morgan.

San Diego County Sheriff Bill Gore said that is not true. Gore told 10News he has been monitoring the situation and said with assurance that Orey had been shot in the arm and that her pinky was “scratched.”

Gore said the deputies thought Orey’s open gate looked suspicious, so they went into her backyard. The deputies ran into Orey, and one of them had a “spontaneous reaction.”

Authorities said they did not know exactly what prompted the shooting. They said the woman did not have anything in her hands and was not armed at the time.

Morgan said Orey told him she heard something in her backyard so she went to check it out.

“She saw a flashlight and identified herself as the homeowner and he shot her,” said Orey’s father, Dennis Morgan.

Orey told relatives the deputy told her to lay on her back until paramedics arrived.

Her father said Orey was the first woman accepted in the Navy’s Air and Sea Rescue team and she knew if she stayed on her back she would die, so she turned on her side and waited.

Morgan said he believes the sheriff’s department is downplaying the shooting.

“I told them I’m really pissed off,” he said. “I’m pissed off as hell. A cop could have very easily killed my daughter.”

Before she was rushed to the hospital, Orey had one question for the deputy.

“After he shot her, she looked at him and said, ‘Why did you shoot me?'” said Morgan.

Orey told her father the deputy never answered her.

Another source states

The brother … wants the sheriff’s department to admit its mistake and take responsibility for the incident.

Orey and Deputy Luke Berhalter came in contact and the officer’s firearm discharged at point-blank range, her brother James Morgan [said].

“He fired without warning, saying freeze, or anything. Then just as she saw the black smoke coming out the barrel she turned her body,” Morgan said. “The bullet went through her chest and her left nipple, into her shoulder and out her pinkie.”

The deputy reportedly told her, “I’m sorry, you startled me,” Morgan [stated].

Oh gosh, you startled me … so I *accidentally* removed my firearm from the holster and pulled the trigger.

Berhalter, a San Diego County deputy for 21 months after seven years with the Sacramento County Sheriff’s Department, has been placed on leave. The case has been handed over to the local prosecuting attorney for review.

Orey, whose family told the newspaper she was the first woman in the Navy to earn her wings of gold as a search and rescue swimmer, was released from hospital.

But still her brother wants answers.

“I feel they are trying to cover up their mistakes,” Morgan [said]. “They know the truth. They just don’t want to admit it. All we want is for them to own up to their mistake and be responsible just like anybody else.”

 

Were the officers led to believe that the “suspicious, masked man” went into this woman’s backyard solely by the open gate?

Why did the officers believe they had the right to trespass on Orey’s property with no evidence that there was an intruder or other serious issue?

Even if the “masked man” did approach them, why would they immediately shoot him? What has he done wrong?

Is wearing a mask and looking “suspicious” a reasonable justification to shoot somebody?

What was so threatening about an unarmed woman identifying herself as the homeowner of the property they just entered without permission?

If a man’s “spontaneous reaction” to being spoken to is to shoot, does that really sound like a responsible gun owner or somebody you should rely on for your protection?