Inquiry Broadens in Shooting of Ex-Policeman

Federal and state investigations have been opened into the shooting last April of Doyle Wheeler, a former San Diego police lieutenant who says assailants broke into his home in Washington state and shot him in the head in retaliation for his testimony against fellow officers in the Sagon Penn case.

Although authorities in Spokane have been unable to determine whether Wheeler was indeed shot by intruders or actually shot himself, the seriousness of the allegations has prompted the independent investigations by the U. S. grand jury in San Diego and the California Department of Justice in Sacramento.

Katy Corsaut, a Department of Justice spokeswoman, confirmed Tuesday that two investigators from her office have been working full time on the case since October.

Complying With Subpoena

“We’re trying to determine what happened,” she said. “The allegations are that California peace officers were involved in the assault and, because of that, the attorney general is interested in learning what happened.”

U. S. Atty. William Braniff declined to discuss the grand jury probe. But the sheriff in Stevens County, Wash., told reporters this week that he was complying with a subpoena and turning over his 4-inch-thick investigative file to the federal grand jury in San Diego.

“I think that some issues have been raised, and it’s proper for them to be doing this,” Sheriff Richard Andres said of the federal investigation.

Wheeler, in a telephone interview Tuesday from his home outside Spokane, said state investigators have made about four trips to the Spokane area to interview him and other witnesses and to collect evidence in the incident in which he was shot once behind the ear.

He harshly criticized the fact that the Stevens County sheriff never determined whether the shooting was staged or a bona fide attempted murder.

“My feeling is that, if I were to say they were incompetent, I would be too kind,” he said.

He praised the federal and California law enforcement agencies for taking up the case.

“These investigations are about what should have been done a long time ago,” he said.

Wheeler was a highly controversial police officer who testified in court against fellow officer Donovan Jacobs in the Sagon Penn case.

Penn, charged with killing one police officer and wounding another and a civilian ride-along during a shooting, was eventually acquitted. Wheeler retired from the San Diego Police Department and moved to rural Washington.

Beaten and Burned

Wheeler was shot in April while alone in his home. He was also bound, beaten and burned. He said the assault was undertaken by two men who he believes were working on behalf of San Diego police officers angry with his testimony in the Penn case.

The Stevens County sheriff was unable to determine for sure whether Wheeler, who had had psychological problems in the past and took an early stress retirement from the San Diego police, was shot by intruders or staged the shooting.

Sheriff Andres closed the case after Wheeler refused to take a polygraph examination.

Later, it was learned that, just moments before Wheeler was shot, someone picked up the phone in his home and dialed the San Diego Police Department, asking to speak to Jacobs.

Authorities in Washington first believed that Wheeler made the call himself. But Andres said a voice comparison test of a tape recording of the phone call and Wheeler’s actual voice eventually showed that someone other than Wheeler placed the call.

Wheeler said the federal and state investigators would not have entered the case if it was only an out-of-state murder attempt. But, he said, because he raised allegations of a murder conspiracy by San Diego police officers, the case deserved a broader review.

“I’m just happy that the investigation is continuing rather than being slid under the rug,” he said.

Milton Silverman, a San Diego attorney who represented Penn and went to Spokane to review evidence in the Wheeler shooting, said he too was pleased with the federal and state probes.

‘Never Any Doubt’

“There was never any doubt in my mind this was a murder attempt,” he said. “After I concluded my investigation, there was no doubt in my mind that Wheeler had not done this, and this was my opinion based on the physical evidence and witnesses I talked to.

“The people that went in there had every intention of murdering him.”

Officials with the San Diego Police Department have steadfastly denied any knowledge of anyone connected with their agency being involved in the shooting. They have also pointed out that Wheeler in the past attempted suicide, and that he left the department after suffering psychological problems.

They said they have not been contacted by either the grand jury or state investigators.

“The case occurred in Washington, and we have no jurisdiction,” said Cmdr. Cal Krosch. “It’s clearly not our case. And we have no knowledge of what’s going on with the federal grand jury. There has been no contact with the Police Department.”