Just then Partida drove up in his truck. The shooter extended his right arm and pointed the gun at the truck. The truck was only two to five feet away. Partida drove it forward into the man and hit him. Durkee said she saw the shooter fall backwards to the asphalt street, and then he rolled onto his side as if he were going to get up.
Just then, the other two construction workers —Steven Kane and Mario Contreras — caught up to the sprawling shooter. They brought him onto the nearby curb and then onto the sidewalk. Not gently.
Durkee said, “I stayed there and I watched them.” The three construction workers together made sure the shooter waited for police, who arrived in about two minutes, according to Durkee’s estimate. “Two to four police cars pulled up, all of a sudden.”
Carlsbad police arrested Brendan Liam O’Rourke, 41, on suspicion of attempted murder and other crimes, on October 8, 2010. O’Rourke pleaded not guilty to 14 felony charges at his arraignment the following week in San Diego’s North County Superior Court. Prosecutor Summer Stephan said the man was disarmed of a Ruger .357 Magnum six-shot revolver and a speedloader and extra ammunition.
According to authorities, the shooter had failed to eject all the spent shell casings out of his revolver, and this prevented him from successfully using the speedloader to put a new load of ammunition into the gun.
O’Rourke’s next court appearance is a preliminary hearing scheduled for December 15.
Durkee was glad she was able to help. “I was just doing my job for those little children.” Durkee has lived in Carlsbad for 30 years and said her own two daughters are grown up and out of school now. “They both went to Kelly Elementary,” said Durkee.
“I was going to retire this year, but now I don’t think I can,” she said. “I don’t think they’ll let me.”