OCEANSIDE: Man shot by police Sunday under arrest with no charges
By SARAH GORDON - Staff Writer | ∞
OCEANSIDE ---- Gregory Kwok, the 48-year-old man shot Sunday at his Lonnie Street home during a confrontation with Oceanside police, remains under guard at a La Jolla hospital.
Kwok's detention by police for more than three days even though no charges have been filed against him is being questioned by the critically injured man's father and a public defender.
"If he has been under arrest since Sunday and no charges have been filed, he should no longer be in police custody," Deputy Public Defender Gary Nichols said Wednesday.
Aubrey Kwok, Greg Kwok's 81-year-old father, said Tuesday that police told him he couldn't visit his son at Scripps Memorial Hospital in La Jolla because of an open investigation.
District attorney's office spokesman Steve Walker said the office has not filed charges against Kwok in part because it has not received the case from Oceanside police. It is unclear what charges Kwok would face.
Walker said if Kwok were charged, his arraignment would be delayed because he is incapacitated and cannot answer any charges.
But Nichols said the district attorney's office could file the complaint against Kwok even if he was incapacitated.
Kwok, a mechanic who lives with his father in a small home near MiraCosta College, was shot by police Sunday when he allegedly ignored their commands to stop advancing and grabbed at an officer's gun.
Police had been called to his house after neighbors reported that Kwok was fighting loudly with his father and had fired a gun into the ground in his front yard.
Nichols said that generally, the law says a prisoner can only be kept in custody for 48 hours without being charged. Without charges, Kwok should no longer be under arrest and should be free to receive visitors, he said.
Sgt. Kelan Poorman said that Kwok's room at Scripps Memorial Hospital in La Jolla was under 24-hour guard by an Oceanside police officer and would probably be guarded until an arraignment.
Midday Wednesday, Poorman said that no visitors would be allowed until Kwok was arraigned. But later in the day, Poorman said police had decided that close family could visit.
He said because of Kwok's unusual circumstances, the normal timeline for arrest, charging and arraignment don't apply.
"Normally, he would have been arraigned by now, and once there was that arraignment, he would have been formally in custody," Poorman said. Once in custody, it would be up to the San Diego County Sheriff's Department, which runs the county's jails, to guard him and schedule visitations.
According to hospital spokeswoman Lisa Ohmstede, the Sheriff's Department routinely allows visitors to request a hospital visitor's pass in court.
Contact staff writer Sarah Gordon at (760) 740-3517 or sgordon@nctimes.com.
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the man wrote on Oct 29, 2008 7:42 PM:oh good. I love it when our right get violated like that. Our constituation........who cares
Huh wrote on Oct 29, 2008 9:02 PM:C'mon Chief. Get this matter resolved. Charge him or stop the incarceration. That's the law! I totally support you but this faux pas is terrible.
C wrote on Oct 29, 2008 9:22 PM:Wait....whats unusual? The police shooting someone?? Not exactly....
pffft wrote on Oct 29, 2008 9:29 PM:Let him croak. He took his chances when he showed agression towards the police. I have no sympathy.
FTM wrote on Oct 30, 2008 7:32 AM:This is not news - it's just a way for NCT to keep the story on the front page.
Gaurding suspects in the hospital is very common because too many cases have been thrown out of court because the suspect has his rights read to him when he is "incapacitated". Even if he can hear and respond the judges throw it out and say "He did not get his miranda rights so all evidence is thrown out".
It's important to get a statment from Greg that is legal, and if the cops take a statement before he is feeling better it will get thrown out in court.
Maybe a mis-trial would be the fitting end for this whole thing.
Either way - prepare for the NCT to make serious hay.
Gene wrote on Oct 30, 2008 7:57 AM:What ever happen to the Silva and White case and the other officer charged with DUI from OPD. e1ohg
get it right wrote on Oct 30, 2008 8:04 AM:come on PD, you know the law, follow it. oh,yeah, might want to get a new spokesperson 'unusual circumstances, normal arrest, charging, arraignment don't apply', get the sgt. some training.
To pffft...... wrote on Oct 30, 2008 8:05 AM:Would your statement be the same if he was your family member? If you answered yes you must have a lot of hate in you. Until you know the facts don't make stupid statements.
Paco wrote on Oct 30, 2008 8:15 AM:Why don’t all you arm chair heroes, who’d have micturated your panties if this guy had confronted you with his pit bull, one day man up, pin on a badge, strap on a gun, and know what it’s like to become, a law man. Maybe then you’ll understand.
Peter wrote on Oct 30, 2008 8:32 AM:Is he being guarded or is this damage control, making sure he doesn’t get to give his version of the events before the police have sold their story to the public?
Jim in Oceanside wrote on Oct 30, 2008 8:49 AM:I LOVE IT! The arm chair experts are coming out of the woodwork! Since there is a legal requirement to charge or release any suspect and failure to do so could jeapardize any case against him, I am willing to bet that the law is being followed. Of course, this arm chair expert may be wrong too! ha!
Does this mean wrote on Oct 30, 2008 9:23 AM:we can shot a policeman and we will wait to see if it was justifed? Welkome to Amerika!!
I am an Attorney wrote on Oct 30, 2008 9:26 AM:are you going to tell me I can't speak to the victim?
pffffffft wrote on Oct 30, 2008 9:55 AM:No, I don't have any hate. What I do have is respect for people and the law, which has been passed through my family. I do have contempt for the selfish people that are all about themselves and have no respect for others, laws, or society though. There is no use for people like that.
FTM to Attorny wrote on Oct 30, 2008 12:16 PM:No, as long as a doctor says the suspect is not in condition to speak NO ONE can talk to him except the doctor.
When the medical people release him for visitors he may bee seen by HIS attorny and his family. Any joe blow is not allowed because of hospital rules too.
The police are just making sure no one gets to him until the doctors say it's okay.
FTM wrote on Oct 30, 2008 12:18 PM:Oh, just forgot to mention, in light of the fact that he's under gaurd and still not making comment means that Greg might be a lot sicker than we thought.
I hope he pulls through okay.
It is just amazing wrote on Oct 30, 2008 1:45 PM:when something like this happens how all of a sudden all these bloggers have graduated law school or gone through the police acadamy. All these know it alls just come out of the woodwork. Guess what, you don't. The law know what they are doing. This could be to protect the suspect as well. Did anyone ever think of that????? MMMMM I didn't think so.
FTM wrote on Oct 30, 2008 2:36 PM:Yes Mr. Amazing, it looks like everyone is doing everything they can for Greg. The doctors seem to be protecting him, the police seem to be protecting him, and I suspect the DA is protecting him too because they have not called for his arrest either.
I am starting to think that Greg might not get arrested or charged in this case. It's very possible that this might get called an accidental shooting mitigated by the fact that they were unaware of his mental condition. If so, I can see that they would all be doing all they can to keep anything from happening to Greg to help him pull through.
I too hope Greg get's better and is back on his feet soon and can explain to us all what the heck he was thinking that day and why he was so mad at his father.
To amazing wrote on Oct 30, 2008 2:48 PM:Protect him from whom? ... I think most of the time OPD does a great job, and I can't recall an on-duty OPD shooting that sounded questionable, but this one I'm not so sure about. More importantly, after how OPD handled the White shooting investigation their credibility is not as high as it should be for me. How come no mention of Kwok's size, no pictures? How about it NCT?
Protect him wrote on Oct 30, 2008 5:30 PM:from whom? The media, the know it alls and even yes the abulance chasing attys. All I am saying is that everyone has an imput when NO ONE know what happened that night or why. Everyone jumps in with their arrogant comments instead of letting the investigation ride itself out. Everyone is quick to yell cover up, poor dog, and everything else. Just wait until the reports are released. It is all done accordingly.
get it right wrote on Oct 30, 2008 5:35 PM:If you were not there, you can't question the shooting, I wasn't and I won't. You might have questions to ask but that is a different matter. The matter addressed here is: Is he in police custody or not? If he is then laws apply, if not, if medically able he could walk out of the hospital or have any visitors the hospital allows and the hospital has its own security staff if it is needed.
Peter wrote on Oct 30, 2008 6:06 PM:To those calling for patience, wait until the investigation is complete, etc., such comments seem to all be directed at those that question the actions of the police. You need to take the police worshipers to task too, because as soon as the police state an officer feared for his life, or a suspect was reaching for the officers gun, then they get on their soapbox about how wonderful all cops are, how difficult their job is, how the rest of us are not worthy to shine their boots, ad nauseum. Most police officers do a good job, and are trying to do their best most of time, but they work for the community and rolling out the duty spokesperson to give non-answers when there is an OIS smacks of only working for themselves, and the heck with all us that don’t bleed blue.
A solution wrote on Oct 30, 2008 8:06 PM:OPD can just declare him an enemy combatant and lock him away as long as they like, who needs the constitution?
Youre so right wrote on Oct 30, 2008 10:29 PM:I agree with you Peter. Patience is not necessary in a case like this. We don't need police reports either, because they're written by the police to cover their own tracks. We should all rush to judge. Even if we are wrong, we can always say the police lied and that we were right.They are public servants and my tax dollars pay for them.
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