LAKE COUNTY, Calif. – The District Attorney's Office has ruled that a Clearlake man acted in self-defense when he shot and mortally wounded a former employee who drove a pickup into his home in a late-night incident in July.

Chief Deputy District Attorney Richard Hinchcliff said Monday that the District Attorney's Office reviewed 67-year-old James Mitchell's shooting of Kevin Quinn, 51, on July 3 in Clearlake for potential charges and prosecution.

Hinchcliff said that following a thorough and extensive investigation by the Clearlake Police Department, the case was forwarded to him to determine whether or not charges were warranted in the case, which technically is a homicide.

He concluded, based on the investigation and evidence, that charges should not be filed against Mitchell.

“Mitchell was clearly in legitimate fear for his safety and clearly believed he would suffer death or serious bodily harm if he did not shoot victim,” Hinchcliff wrote in his case assessment. “Suspect was clearly acting in self defense and used reasonable force under the circumstances in defending himself.”

Early on the morning of July 3 Quinn drove his pickup into the front of Mitchell's residence at 14200 Olympic Drive in Clearlake, police reported.

When Quinn got out of the pickup to confront Mitchell, Mitchell – armed with a .22 caliber pistol – shot Quinn five times, once with bird shot and four times with regular .22 rounds, based on the investigative report.

Even after being shot, Quinn continued to chase Mitchell, tackling him and causing him to suffer facial injuries, the police report showed.

Quinn died a short time later, before he could be transported to the hospital, according to the original Clearlake Police report.

The investigation found that Quinn had mental health issues, a history of violent behavior and had threatened to harm Mitchell before the July 3 incident.

Hinchcliff's full explanation and narrative of the case is printed below.

OFFICE OF THE LAKE COUNTY DISTRICT ATTORNEY

REJECTION FORM

Explanation:

According to investigation reports, the shooting victim, Kevin Quinn, intentionally drove his vehicle into suspect James Mitchell's residence at approximately 1:50 a.m. on 7/3/11.

A witness observed Quinn beating on the side of Mitchell's residence, cursing and yelling. The witness then heard glass breaking. The witness then observed Quinn get into his truck, back the truck up, and proceed to accelerate and drive through the side of Mitchell's residence.

 

The truck ended up inside Mitchell's residence approximately 6 feet from where Mitchell was lying in bed asleep. Mitchell exited his bedroom and Quinn began making threats to kill Mitchell. Mitchell armed himself with a .22 caliber magnum pistol that he kept in his bedroom. Quinn got out of the vehicle and aggressively proceeded toward Mitchell inside Mitchell's residence, and was shot with one round of bird shot. Quinn subsequently continued to pursue Mitchell inside Mitchell's residence as Mitchell attempted to call the police and attempted to leave the residence. Victim prevented suspect from calling the police or escaping. Mitchell fired a total of 6 shots at Quinn and struck Quinn with one round of bird shot at extremely close range and 4 regular rounds of .22 magnum ammunition. Quinn continued to pursue Mitchell after being shot and at one point actually caught Mitchell and tackled him, causing Mitchell to sustain facial injuries.

 

There was a significant age and size difference between Mitchell and Quinn, Mitchell being 67 years old and weighing 195 pounds, and Quinn being 51 years old and weighing 235 pounds. Quinn had a prior history of violence and suspect was aware of victim's history of violence at the time of the shooting. Quinn also had mental health issues according to witnesses that Mitchell was aware of at the time of the shooting.

Investigation revealed Quinn had a history of mental health issues and had threatened to harm Mitchell prior to the shooting.

Mitchell was clearly in legitimate fear for his safety and clearly believed he would suffer death or serious bodily harm if he did not shoot victim. Suspect was clearly acting in self defense and used reasonable force under the circumstances in defending himself.

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