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Monday, May 9, 2011

OCEANSIDE: Police chief's wife to stand trial for standoff..

OFF THE WIRE
Brinda McCoy accused of shooting at police at her Orange County home in December..
The despondent wife of Oceanside's chief of police knew that officers were hunkered down behind parked cars when she shot at the vehicles during a three-hour standoff at the couple's Orange County home last year, a police officer testified Friday.
The testimony came during a preliminary hearing for Brinda Sue McCoy, who was ordered to stand trial for shooting at police with one of her husband's guns during the incident, which her attorney said was an attempt at suicide by cop.
McCoy ---- whose husband is Oceanside police Chief Frank McCoy ---- faces six felony counts of assault with a deadly weapon on a peace officer and three counts of discharging a firearm with gross negligence. She could face upward of 58 years in prison if convicted.
Chief McCoy has had a decades-long police career, and was also a Cypress city councilman and mayor.
His wife has remained free on $250,000 bond since the Dec.16 incident at her Cypress home, which started after a reportedly despondent Brinda McCoy called 911 about 7:15 p.m.
On Friday, the McCoys were in Orange County Superior Court in Santa Ana for Brinda McCoy's preliminary hearing, a proceeding for a judge to decide if enough evidence exists to order the defendant to face trial.
According to testimony, Brinda McCoy knew that officers were crouched behind parked cars when she shot at a vehicle during the standoff.
Veteran Cypress Officer Paulo Morales acted as a crisis negotiator during the incident. He testified that, during a series of phone calls during the standoff, Brinda McCoy said she wanted to die.
At one point, Morales ---- who said he has known the defendant for about 15 years ---- said she began insisting that someone needed to move her adult son's Nissan pickup, which was parked in front of her home.
Morales said Brinda McCoy told him to have the truck moved or she would shoot it.
"I pointed out there were officers there (taking cover behind the truck), and she said 'Well, I know that. I can see them,'" Morales said.
He said he warned Brinda McCoy that if she shot the truck, one of the officers could be struck by the bullet.
"She said she didn't care, to 'move the truck or I will shoot,'" Morales said.
Standing in front of a picture window in her home, Brinda McCoy fired a shot into the Nissan, according to testimony. Officer Rebecca Mathias ---- one of the officers crouched behind the truck ---- said she had to check herself to be sure she hadn't been hit.
At some point during the standoff, McCoy's husband arrived at home and told officers his wife was using his semiautomatic Sig Sauer .45-caliber handgun.
At times during the standoff, Brinda McCoy pointed a gun at her own head, at the ceiling, and at officers outside her home, according to testimony Friday. She was arrested after police shot her with a bean-bag gun.
In seeking to get the most serious charges dismissed, Los Angeles-based defense attorney David Diamond argued to Judge Frank Fasel that his client had no intention of shooting police officers.
"This was a traditional suicide by cop," Diamond said, adding that Brinda McCoy ---- whose son is a police officer in Long Beach ---- didn't want to hurt the officers outside of her home. He said she was shooting at the truck, not aiming at police.
Fasel ordered trial for the defendant, but noted that the standard of proof at a preliminary hearing is far lower than that of a trial.
After the hearing, Frank McCoy declined to comment, saying only, "This is a personal matter."
Defense attorney Diamond said Brinda McCoy "never had any intent or desire to hurt police officers."
"There was no evidence presented that she intended to shoot at any peace officers," Diamond said.
Brinda McCoy has been a registered nurse since 1992, according to the California Board of Registered Nursing.
On March 23, the board ---- citing the Dec. 16 incident ---- accused McCoy of unprofessional conduct and started proceedings that could see her nursing license suspended or revoked.
Call staff writer Teri Figueroa at 760-740-5442.