Man shot by sheriff's deputy faces possible misdemeanor charges - San Diego, California News Station - KFMB Channel 8 - cbs8.com

Man shot by sheriff's deputy faces possible misdemeanor charges

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SAN DIEGO (CNS) - Prosecutors declined to file felony charges against an evicted renter shot in a leg by a sheriff's deputy during a confrontation at the man's downtown San Diego apartment, but he still faces possible misdemeanor charges, authorities said Friday.

The District Attorney's Office referred the case against Daryl Ray Cody to the City Attorney's Office.

City Attorney spokeswoman Gina Coburn said her office hasn't received the case yet. No action will be taken Friday, Coburn said.

Cody, 30, was booked into jail on suspicion of obstructing a peace officer and possessing a controlled substance after being treated at a hospital for a gunshot wound. Bail was set at $5,000.

Two court-services deputies went to Cody's apartment in the 900 block of Sixth Avenue, near Horton Plaza, Tuesday morning to evict Cody, who had received a three-day eviction notice last Saturday, according to San Diego police.

The defendant had been served with a three-day eviction notice on Saturday but refused to leave, SDPD Lt. Mike Hastings said.

Getting no response to their repeated knocks at the front door, the deputies entered the unit, finding Cody lying in a loft accessible by a ladder, Hastings said.

The evicted man refused to comply with commands to come down from the elevated area, prompting Deputy Scott Lee to climb up. The deputy then saw what he took to be the barrel of a shotgun pointed at his chest, Hastings said.

"Cody refused to show his hands and moved, making the deputy believe he was going to be shot," the lieutenant said.

At that point, Lee shot Cody. Medics stabilized Cody at the scene before taking him to a hospital. He was released from the hospital the next day.

The partially concealed object that Cody appeared to be trying to grab turned out to be a 3-foot plastic tube, Hastings said.

Lee is a 19-year member of the San Diego County Sheriff's Department. Neither he nor the other deputy was injured.

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