NO CHARGES FILED AGAINST DEPUTY.

Byline: Andrea Cavanaugh Staff Writer

Prosecutors announced Thursday they could not conclusively determine if the shooting death of a mentally ill man by a sheriff's deputy was justifiable, but no charges will be brought against the lawman.

``The shooting death of James Daniels cannot be conclusively deemed justified,'' Senior Deputy District Attorney Maeve Fox wrote in her report. ``It is likely that Senior Deputy (Vincent) Camou shot and killed James Daniels in the honest belief that deadly force was necessary.''

But because Camou refused to give a statement to sheriff's investigators or prosecutors following the shooting, his state of mind could not be determined, Fox said.

``Unfortunately, it is impossible to determine exactly what Senior Deputy Camou was thinking at the time of the shooting without a statement from him,'' she wrote.

Camou was mistaken if he thought Daniels posed a threat, said attorney Walter Krauss, who represents Daniels' father.

``He may have believed it, but it wasn't a reasonable belief,'' Krauss said. ``How he could possibly be a danger to (the deputy) is beyond me.''

A $5 million claim against Ventura County on Donald Daniels' behalf has been rejected, and a lawsuit is imminent, Krauss said.

Daniels' mother, Stephanie, has filed a similar claim. Her attorney, Brian Magana, could not be reached for comment.

Homicide is legally justified when a person reasonably and honestly believes that deadly force was necessary to protect human life.

Despite the District Attorney's findings, no charges will be filed against Camou because California law requires a jury to reasonably interpret evidence that points to innocence, Fox said.

Circumstantial evidence indicates that Camou believed deadly force was necessary, Fox said.

``It's 100 percent certain that we would never get a criminal conviction,'' she said.

Police were called April 8 after Daniels was spotted cutting himself with a knife behind a Thousand Oaks restaurant.

Daniels had a long history of psychosis and was not taking his medication, according to the autopsy report.

Deputies pursued him through residential neighborhoods as they tried unsuccessfully to subdue him with pepper spray and bean-bag rounds.

Camou fired his weapon after Daniels came up the driveway of a private swimming school occupied by children and adults, according to the District Attorney's report.

Camou shot Daniels eight times, according to the autopsy report. He was the only deputy who fired his weapon. The first volley of four shots had no effect on him, another deputy told investigators.

After Daniels was shot, deputies found an Exacto knife underneath him, according to the District Attorney's report. The autopsy revealed 11 self-inflicted knife wounds on his body.

Andrea Cavanaugh, [phone]

andrea.cavanaugh(at)dailynews.com