You have proof of this assertion?
Under the CA Penal Code (830.1), a “Peace Officer” classification has no distinction for being “off duty”. An 830.1 PC Peace Officer in CA (which includes SDPD), is considered as being a sworn officer 7/24.
Also, CA Peace Officers have no underlying legal obligation to retreat. The issue is “reasonable” fear of great bodily injury or death. The lawyers/jury will have to figure that one out.
A San Diego jwill NEVER convict him. This is a dog & pony show for the Lib/RINO/Lesbo District Attorney.