An attempted murder charge involving a shooting in Pacific Beach has been dismissed against a young man after his attorney was able to persuade the District Attorney’s Office it was prosecuting the wrong person because of misidentification of the defendant by a store’s security camera.
The charge against David Minuk Park, 24, of Scripps Ranch, was dismissed “in furtherance of justice” by San Diego Superior Court Judge Jeff Fraser in a motion by Deputy District Attorney Makenzie Harvey on Jan. 7.
She said another person will be charged in the Sept. 23 incident that left a man shot in both legs in front of Ramiro’s Taco Shop, 4525 Mission Blvd.
“We pretty much convinced (the DA’s office) he was innocent,” said Park’s attorney, Bill Nimmo.
Park had been in county jail since his arrest a few days after the incident, but the prosecutor agreed to let him out on his own recognizance about 10 days before Christmas while authorities reviewed the case.
Nimmo said the prosecution had a videotape from a store’s security camera that they believed resembled Park, but he was able to show “it’s clearly not the same person.
“I didn’t think it was my client, so I took photos of the face from the same angle as the store security camera. The facial structure was totally different,” Nimmo said.
The DA’s office also studied Park’s cell phone records at the time of the shooting and afterward, and Park was making calls in North County. Nimmo said his client was in the Del Mar Heights area and made calls from his car. He was not in Pacific Beach or Mission Beach at the time.
So who did shoot Eric Joseph, 25, who also sustained a third gunshot wound besides being shot in both legs?
“We have filed against someone else,” she said.
Harvey said the person’s identity will be revealed upon arraignment.
“It’s still under investigation,” Makenzie said.
The shooting took place around 2 a.m. after the victim and some friends helped break up a fight. They were later confronted by an armed suspect, who yelled, “Who pushed me?” before firing at the victim.
San Diego Police released a videotape of various people in the area to TV newscasts in an attempt to track down witnesses. They also released a sketch of the suspect. The gunman was believed to have left in a dark Chevy pickup driven by someone else.