Thompson

Gerald Thompson (Thompson) appeals from a judgment denying his petition for writ of mandate to review the decision of the State Personnel Board (Board) dismissing him from his position as a state correctional officer. Thompson contends (1) there was insufficient evidence to support two of the Board’s findings and (2) the punishment of dismissal was excessive. We shall affirm.

Factual and Procedural Background

On the night of March 20, 1986, John Parker went to a bar with his girlfriend. They were joined by Gary Pope and the three sat together, talking and drinking.

Approximately 30 people were in the bar, including Thompson, an off-duty correctional officer. Patrons described Thompson as acting “rude” and “obnoxious” throughout the evening. Thompson joined Parker and Pope and an argument ensued. Because the situation was getting ugly, Parker decided to take his girlfriend home.

When Parker returned to the bar, Pope and Thompson were still sitting together and things seemed to have calmed down. Parker walked over to the men, put one arm around each of them, shook them and said, “Let’s go home.” Thompson pulled out a gun and pointed it two inches from Parker’s face,…