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Spring Valley Woman 'Received No Warning' Before Being Shot by Deputy

Jennifer Orey was shot in the left breast and arm by Sheriff's deputy Luke Berhalter on Aug. 19 at her home in La Presa.

A Spring Valley woman who was shot in the left side of her chest by a San Diego County sheriff's deputy, says that "she got no warning," before the deputy pulled the trigger.

Jennifer Orey, told 10News on Wednesday, that she walked out of the front door of her La Presa home on Aug. 19 at about 10:30 p.m. because she thought she heard someone outside her house.

Seeing no one, but noticing only a flashlight, she called out to the person in her yard, asking who they were and saying that she was the homeowner. She then told 10News that is when the deputy “slid out of her gate that leads to her backyard with his gun at his chest.”

“He said nothing,” Orey told the interviewer. ”I was expecting 'freeze, who are you' or something and I was really surprised that there was nothing and then the gunshot went off.”

She added, “I remember the muzzle flash, the smoke, everything went in slow motion. I remember seeing the puff of black smoke, the fireball and I remember thinking, 'Oh God, please don't let this hurt anything important.'”

Initial reports state that a pair of deputies were responding to a call of a man in a ski mask prowling the neighborhood, specifically Orey's yard, when she was shot on Aug. 19. There was no suspect found at the scene. The deputy who fired the shot has since . He has been placed on administrative leave until after the investigation is completed, when it will be determined if he can return to work.

The bullet that Berhalter fired struck Orey in the left breast and and passed through her left arm.

“I just recall after I was shot, the deputy that shot me apologized to me and I asked them while I was still trying to come to grips with it… I was still kind of standing. I asked, 'Why was your weapon drawn? Why were you in my yard?'” Orey told 10News.

She did not get a response, except that Berhalter reportedly apologized to her.

“He just said, 'I'm sorry, ma'am. You startled me,'” she said.

As Orey was getting treatment for the gunshot wound, her ex-husband Carl pulled up to the house. A former San Diego police officer, 10News says Carl described the way his ex-wife was treated as “a travesty.”

“After she was shot, she put her hand on this deputy's shoulder for her balance and he said, 'Take your hand off of me,'” Carl Orey told 10News. “She was fingerprinted. I think she was treated unprofessionally. I am appalled at the way she was treated and the fact that my daughter and I were left with no knowledge of her condition at all.”

According to the report, Orey plans on hiring a lawyer and filing a tort claim against the San Diego County Sheriff's Department. Her claim will ask that the department claim responsibility and liability for the incident, and will also ask that the department pay for her medical bills and a punitive amount to cover the physical and emotional pain and suffering.

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Craig Maxwell May 19, 2013 at 05:10 pm
That's the gist of it, both of you. Obama differs from his predecessors not in degree but inRead More kind--qualitatively, not quantitatively. He is our first, true-blue presidential ideologue.
Status Quo May 19, 2013 at 11:15 am
That is correct 'Bat', pathetic attempts by followers of the present charlatan President - keepRead More trying to make, this some sordidly type of "racist" issue... wholly non-existent. In other words, affixing blame in search of a problem, for perceived political gain. The fact is, our President Barack Obama is a bad manager, hiring lousy managers in positions demanding excellence, affording no quarter for ineptitude and deceit! Promotion of figures and public servants as reward for ineptitude, should be punished by laws in-place and not shuffled around to administer more egregious miss-management. Lying to Americans has been perpetrated, by whom is in need of the reveal. The facts are inconsistent with, what has been revealed thus far. On the Muslim issue of the President's proclivity for apologies, it is appeasement at the least and inherent bowing to outrageous power at worst. The optics(hate that word in politics), are not good for America.
Batman May 19, 2013 at 10:36 am
Face it folks, you elected the wrong guy, twice. John Mc Cain is not that impressive, Mitt Romney isRead More a little better, but both of them are leaps and bounds above Mr Obama. At least they are both Americans. Questions have been raised about Obama's place of birth. Where he was born is not the issue. The issue is he is not one of us.
Debra Gilly May 21, 2013 at 08:51 am
Outrageous!
Status Quo May 19, 2013 at 11:18 am
'Bat'... At great individual cost, to be passed on to the consumer.
Batman May 18, 2013 at 04:02 pm
Perhaps the IRS is now in the identity theft business.
Things I Learned May 18, 2013 at 02:56 pm
http://en.wikipedia.org/wiki/Solar_storm_of_1859#Carrington_Super_Flare
Things I Learned May 18, 2013 at 02:55 pm
http://www.space.com/21205-powerful-solar-flare-earth-fallout.html?cmpid=514648
Things I Learned May 18, 2013 at 02:54 pm
"A huge explosion on the sun will deal Earth a glancing blow today (May 17) but should not poseRead More a threat to the planet, scientists say. The sun storm erupted late Tuesday (May 14) during a powerful solar flare — the fourth unleashed by a single sunspot in just 48 hours — and hurled a massive cloud of charged particles out into space at millions of miles an hour."
Status Quo May 19, 2013 at 10:34 am
Why yes 'TIL', I do remember a more vibrant. lively and robust Patch site in the region! Now theRead More Mommy Bloggers are happy, happy, happy*. Patch may or may not be getting what they want, but the tourist rag they are producing is fun for the Mommy Bloggers - they adapt so well. In the early few days of the "transition"... I had prepared comments on positives and negatives, as well suggestions to make San Diego region Patch workable... all for naught and logical lack of interest. Recently... voices of the Grape Nuts... on the left side have called oppositional views "unpatriotic"... though discordant, it isn't like people were allowed to die without expedient help or laws being abridged, abrogated or circumvented. Cry's of "slander" are incorrect, but doesn't prevent those more discordant voices from uttering the tones. I remember when Free Speech reigned in America 'TIL'... I do? Sure the chicks were nice... until they aren't. *ala Phil Robertson
Komfort May 17, 2013 at 03:01 pm
Komfort May 17, 2013 at 02:22 pm
I used to come here for the chicks.
Craig Maxwell May 15, 2013 at 10:35 am
Just imagine how much tax-payer money's been blown on Art's drinking junkets over the last quarterRead More century (and how many sidewalks have been soiled).
Linda McCreight May 16, 2013 at 09:06 am
Rides4Neighbors is a great service. Because I work and travel a lot I cannot always get my motherRead More to her appointments and the folks at Rides4Neighbors are always so helpful and my mom really praises the drivers for their help and friendliness.
JWatson April 20, 2013 at 10:38 am
Mark, they were making that U-Turn to drop off their elementary school children in the red zoneRead More anyway....so the no U-Turn sign kills two birds with one stone: no bad U-Turns + no parking in the red zone. And, we are talking about elementary school children, so safety should have been all those parents first priority.
Mark Gregory Elliott April 18, 2013 at 03:12 pm
It is good to narrow the streets. Pedestrians are road kill in San Diego County. And if drivers doRead More not realize there is not enough room to make a U-turn, they need to retake the driving test instead of going over the curb. This is not rocket science people.
Komfort April 21, 2013 at 12:38 pm
Did S(he) tell you what was "shoddy" about his helping women with their choice?
Stuart Strenger April 20, 2013 at 02:48 pm
I've talked to God, and (S)he definitely supports a woman's right to choose whether she remainsRead More pregnant or not but disapproves of the shoddy way Dr. Gosnell ran his clinic. Surely you see the distinction as well. Medical malpractice is malpractice from any religious or ethical position. By the way, God also said (S)he supports gay marriage.
Komfort April 20, 2013 at 10:51 am
What does your God say about Kermit Gosnell and a woman's right to choose?