Judge orders mental evaluation for elder abuse suspect shot by cop

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SAN DIEGO – A mental competency evaluation was ordered Wednesday for an elder abuse suspect shot by police during a confrontation in Bay Park, leaving him with a non-lethal gunshot wound to the head.

Kenny Bui, 47, was shot last Friday morning after he allegedly raised a replica rifle toward San Diego police Officer David Sisto in the 2800 block of Arnott Street, according to SDPD Lt. Todd Griffin.

Bui was treated for a graze bullet wound to the top of his scalp and other minor injuries before being booked into county jail on charges of brandishing a weapon and resisting an officer.

Deputy District Attorney Kelly Rand told Judge Jay Bloom that Bui has no criminal record, but has a significant history of mental illness.

Bloom suspended criminal proceedings and scheduled a mental competency hearing for Jan. 26.

The events that led to the police shooting began three days earlier, when Bui’s 80-year-old father alleged that his son had battered him at the older man’s home, Griffin said.

On Thursday, the octogenarian called police to report that his son had returned, but Bui was gone by the time officers arrived. While searching for him, however, they saw what appeared to be a long-barreled gun in a locked cabinet as well as live and spent rifle ammunition on the floor in the garage of the home, Griffin said.

The next morning, the older man again reported that Bui had come back to the house, the lieutenant said. When officers got there, one of them saw the suspect walk out of the detached garage. When ordered to halt, Bui instead ran off into a next-door yard.

Officers surrounded the neighboring residence and continued ordering Bui to surrender. The suspect, who had a knife tucked in his waistband, refused to comply.

A short time later, Bui allegedly crouched down and raised the fake rifle toward Sisto. The lawman responded by firing two rounds from his service handgun at Bui, after which the suspect lay down on the ground, Griffin said. He then crawled off and fled into a patch of shrubbery.

After the suspect again refused repeated orders to surrender, an officer released his service dog, which subdued Bui and allowed police to take him into custody.