Off-duty cop accused of beating boy will not be charged - CBS News 8 - San Diego, CA News Station - KFMB Channel 8

Off-duty cop accused of beating boy will not be charged

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SAN DIEGO (CBS 8) - News 8 has learned a San Diego police officer accused of assaulting a 17-year-old boy will not face criminal charges.

The altercation began when the off-duty officer discovered the teenager and another boy smoking pot.

"I felt like Dick Butkus was coming at me. It was definitely a scary moment," the teen said.

In April, San Diego police officer Burt Hulbert found the boy smoking pot inside a car outside the officer's Rancho Penasquitos home.

"He kept kicking me seven to eight times, then he tried to get me out of the car. He grabbed my neck, I fought back to get away and he punched me in the face twice," the teen said.

A police incident report showed the teenager suffered a fractured face and went to the hospital. The boy, who News 8 is not identifying because he is a minor, claimed Hulbert never identified himself as an officer.

Two months later, the district attorney's office has informed the teenager there is not enough evidence to file charges.

"They just said that they just didn't have enough. I mean I'm obviously disappointed but I understand it. It's understandable… it's tough to convict a cop I guess," the teen said.

Hulbert is the first of nine San Diego police officers accused of wrongdoing in recent months to be officially cleared of criminal charges. For now, he remains on paid desk duty because an internal police department review is still ongoing. Chances are he'll be back on patrol in the near future.

"That's the thing that bothers me the most, if anything, is that he's going to be back on patrol. I just hope it doesn't happen again," the teen said.

Meanwhile, the teenager's father is still talking to an attorney about filing a civil suit.

"Grabbing a 17-year-old kid and beating the hell out of him isn't exactly anything I see as the correct way of justice," the father said.

Officer Hulbert did not respond to a telephone message seeking comment. He's a veteran San Diego officer of 24 years who currently works out of the department's northern division.

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