Filner says witness who reported hearing gunshots outside Escondido mall restaurant got it wrong

Off-duty SDPD officers suspected of firing guns

SAN DIEGO - Team 10 is continuing to investigate the case of three San Diego police officers suspected of firing their weapons outside a mall restaurant in Escondido.

Police would not tell Team 10 if they are testing the officers' guns or if the officers' hands were tested for gun powder residue. All the department is saying is that there is no evidence to suggest a crime was committed.

On March 6, sometime around midnight, someone at the North County Fair Mall reported hearing gunshots near the On the Border restaurant and called 911.

On a scanner radio message, a dispatcher is heard saying, "I have RPs (reporting parties) advising that there are three males walking in the area... 11-6 (gunshots) were heard."

When Escondido police arrived on scene, they found three off-duty San Diego police officers. They had guns but denied firing them.

Team 10 sources said some rounds were missing from their magazines but another officer told Team 10 that law enforcement agencies do not have a system in place that tracks officers' ammunition.

San Diego police Lt. Andra Brown told Team 10, "There is no evidence to suggest the officers fired their guns. It is being reviewed internally. It's not something that will just go away."

Team 10 caught up with San Diego Mayor Bob Filner at about noon Tuesday to ask him about the incident but he had not been briefed yet. Then, at about 6:30 p.m. Team 10 asked him about it again and he said the witness got it wrong.

"The first indication is that they did not fire their weapons," Filner said. "Their weapons were examined and there was no evidence of them firing, as far as I know now."

Filner said he is confident the police department's internal review will flush out the facts of what happened.

Escondido police did not pursue charges because they did not find any bullets or evidence of damage.

The three officers were turned over to their own department to determine if any policies were broken.

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