Contra Costa Herald

News Of By and For The People of Contra Costa County, California

Man at Pittsburg apartment complex pointing gun at officers is shot and killed Thursday night

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Contra Costa County Officer Involved Incident Protocol enacted

By Pittsburg Police Department

On Thursday, May 20, 2021 at 9:21 P.M, Pittsburg Police Officers were called to an apartment complex in the 2300 block of Loveridge Road regarding a man holding a handgun, banging on the front door of an apartment. The man was reported to be the ex-boyfriend of the resident. When officers arrived, they contacted the man on a stairway leading to the second-floor apartment of his ex-girlfriend. Officers asked the man to walk down the stairs and speak with them, but he ignored their commands and began walking back up the stairs away from the officers. Officers followed him up the stairs and continued to ask him to stop and not walk away.

As the man reached the top of the stairs, officers observed he was in possession of a handgun in his right hand. Officers directed the man to get on the ground and drop the handgun. The man turned towards the officers and pointed the handgun directly at them. Two officers then used their service weapon, striking the man. The man immediately fell to the ground, still holding the handgun.

For several minutes following the shooting, officers continued speaking with the man, asking him to drop the handgun so they could get him medical attention. The man did not respond to officer’s request. Eventually, officers were able to detain the man and immediately started life saving measures until paramedics arrived. Unfortunately, the man died at the scene due to his injuries. The man was 31 years old. A handgun was recovered from the man’s possession. We are waiting to release his name due to the ongoing investigation.

The Contra Costa County Officer Involved Incident Protocol has been enacted and the Contra Costa County District Attorney’s Office will be completing an independent investigation into this incident. The Pittsburg Police Department’s independent outside investigator is also conducting an independent investigation of the incident pursuant to department policy. We will be releasing body-cam footage within the coming days of the incident, along with the officers’ names. This is still an active investigation and additional information will be released in the coming days.

 

Contra Costa Coroner’s inquest jury to hear cases in deaths of El Sobrante, Concord men May 28            

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By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff

In accordance with the Contra Costa County Chiefs of Police Association Officer Involved Fatal Incident Protocol, Sheriff-Coroner David Livingston will hold an inquest into the death of 30-year-old Ezekiel McCoy of El Sobrante. This incident occurred on November 17, 2020 in Contra Costa County. The attempted murder suspect was killed while a county jail inmate during a fight while waiting for results of a COVID-19 test. (See related article)

That same day there will also be an inquest into the death 31-year-old Kentreal Irving of Concord. This incident occurred on October 7, 2020 in Contra Costa County. Irving jumped to his death off Hwy 242 overpass while fleeing Sheriff’s Deputies. (See related article)

Both proceedings will convene on May 28, 2021 at 8:30 AM at the Wakefield Taylor Courthouse, 725 Court Street, Department 23, Room 200, Martinez, California. The inquest for McCoy will take place in the morning, while the one for Irving will happen in the afternoon.

The purpose of the inquest, which Sheriff-Coroner Livingston convenes in fatal incidents involving peace officers, is to present the facts of the incident to a jury for their deliberation and finding on the manner of death.

The inquest is open to the public and members of the media are invited to attend. However, no photographs or video and audio recordings may be taken during the proceedings.

The inquest will be held in-person. Face coverings are mandatory at the proceedings and state mandated social distancing guidelines will be followed.

Allen Payton contributed to this report.

Public’s help needed in two Richmond homicides in late April

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Vehicle of Interest in Richmond homicide on April 27, 2021. Photo: RPD

Richmond police officers responded to two separate homicide scenes within twenty minutes, prompting emergency mutual aid assistance requests from our neighboring agency and off-duty officers.

On Tuesday, April 27, 2021 at approximately 6:45PM, officers responded to a ShotSpotter activation in the area of South 2nd Street and Ohio Avenue. Responding officers located a victim in a car, suffering from multiple gunshot wounds. He was pronounced deceased at the scene.

Approximately 15 minutes later, the RPD Communications Center received emergency 911 calls regarding another shooting incident in the city’s Southern District. Officers located the victim, also in a vehicle and suffering from multiple gunshot wounds, in the parking lot of the Pullman Point Apartment complex. The second victim was also pronounced deceased at the scene.

RPD efforts to control both crime scenes resulted in the exhaustion of all available on-duty RPD resources. An urgent request for mutual aid was sent to the El Cerrito Police Department (ECPD), who immediately sent officers to assist RPD. Off-duty RPD officers were also requested to ensure the safety of Richmond residents, by responding to pending emergency calls for service.

We appreciate the teamwork, collaboration, and willingness of ECPD and our off-duty officers in answering our calls for assistance, without hesitation!

We are requesting the public’s assistance on both homicide cases – anyone with information is urged to contact RPD Homicide Detectives at the following:

South 2nd/Ohio: Detective Hoffman – Bhoffman@RichmondPD.net or 510-620-1755

Pullman Point Apartments: Detective Stewart – Sstewart@RichmondPD.net or 510-620-6541

 

DA OIS report: Walnut Creek police shooting death of Miles Hall deemed legal

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No criminal prosecution of two officers involved in June 2019 incident

By Scott Alonso, Public Information Office, Contra Costa County Office of the District Attorney

The Contra Costa County District Attorney’s Office concludes there is insufficient evidence to support a criminal prosecution of Officer KC Hsiao and Officer Melissa Murphy in the 2019 fatal shooting of Miles Anthony Hall. The DA’s Office released a public report about the shooting today. No charges will be filed against any officer involved in this shooting. (See related article)

On June 2, 2019, at 4:40 p.m., an emergency call was received by the California Highway Patrol about a disturbance at a home on Sandra Court in Walnut Creek where Mr. Hall resided. The individual that made the emergency call was a family member of Mr. Hall. At approximately the same time, a neighbor also called 911 about a disturbance at the same residence. The neighbor saw Mr. Hall running outside the residence. A third neighbor called 911 and reported that Mr. Hall had just pounded on their front door and was carrying a black steel digging tool. The tool was measured to be 4 feet 11 inches long and weighed 15 pounds. Another witness also called 911 and reported that Mr. Hall chased their vehicle on foot as they drove through the neighborhood.

At 4:51 p.m., the initial two officers arrived on the scene to respond. As additional officers arrived, a staging area near Orchard Lane and Lancaster Road was set up. The four officers discussed how they would respond once they encountered Mr. Hall. All four officers were aware of a previous incident where Mr. Hall had brandished a knife at Walnut Creek police officers, and they used less than lethal force to take him into custody for a mental health hold. Additionally, paramedics from Contra Costa County Fire Protection District were called to the scene.

Mr. Hall was near 140 Arlene Lane when four officers attempted to contact him. They gave him commands to stop running and to drop the digging tool. Mr. Hall did not respond to those commands and began running in the general direction of the officers with the digging tool in his hand.

Officer Matt Smith, armed with the less than lethal beanbag shogun, fired four rounds at Mr. Hall in an attempt to stop him. Mr. Hall continued to run in the officer’s direction despite being hit with less than lethal force. At this point, Officers Hsiao and Murphy discharged their department issued handguns at Mr. Hall. Ultimately, Mr. Hall was struck by four rounds and fell to the ground. Mr. Hall was restrained in handcuffs and the officers began performing life saving measures until the paramedics arrived. Mr. Hall was taken to John Muir Hospital and was pronounced dead shortly thereafter.

The DA’s Office and every law enforcement agency in Contra Costa County has adopted the Law Enforcement Involved Fatal Incidents Protocol (“the Protocol”) to investigate incidents when officers or civilians are shot or die during an encounter with law enforcement. Under the Protocol, the DA’s Office investigates all officer-involved shootings in Contra Costa County for the purpose of making an independent determination of criminal liability. The sole purpose of the District Attorney investigation is to determine if there is proof beyond a reasonable doubt that a crime was committed during a fatal encounter with law enforcement.

In December 2019, a Contra Costa Coroner’s Inquest Jury found that Hall had died “at the hands of another person, other than by accident”. (See related article)

The OIS public report is available here.

Allen Payton contributed to this report.

 

Standoff with armed Pinole man ends peacefully Sunday night

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Suffering from delusions, shot dog, shot up house

By Lt. Matt Avery, Pinole Police Department

On Sunday, May 2, 2021 at approximately 10:30 PM, the Pinole Police Department responded to a residence in the 700 block of Marlesta Road regarding a mother reporting her 32-year-old son was suffering from delusions and making paranoid statements, and in possession of her handgun. The mother left the house for her safety to meet with officers at a secondary location.

Minutes later, a second caller reported hearing gunshots coming from the house. Officers responded to and searched the house but did not locate anyone. Officers did find a Pit bulldog in the house suffering from at least one gunshot wound and unfortunately the dog succumbed to its injuries. Officers discovered bullet holes and bullet casings in the house as well as a large capacity magazine to a second type of handgun leading officers to believe the subject was in possession of two handguns. Witnesses advised officers the subject left in a white Infiniti I30.

The subject’s vehicle alerted on ALPR cameras in the San Pablo area and around 12:45 AM cell phone information revealed the vehicle was back in the Pinole area. Approximately 2:00 AM, officers located the vehicle traveling without its lights on eastbound San Pablo Avenue near Sunnyview Drive. The vehicle continued travelling as officers positioned themselves to make an enforcement stop. The vehicle turned onto Kilkenny Way from Tara Hills Drive and then pulled to the curb before officers activated their emergency equipment. The driver, the only occupant, fled on foot west on Kilkenny Way.

With the assistance of the Contra Costa Sheriff’s Department (CCCSO), the Hercules and San Pablo Police Departments, a perimeter was established, and officers followed the subject as he moved on foot on Kilkenny Way and then north on Kildare Way. Officers made contact with the subject verbally and via cell phone, but he refused to surrender, and repeatedly ducked between and hid behind vehicles parked in the area. A shelter in place was issued requesting residents to remain in their house, lock their doors and shut their windows.

Officers continued to negotiate with the subject, but he still refused to surrender. CCCSO negotiators responded and continued to negotiate with the subject. Just before 9:30 AM, the negotiators were able to convince the subject to discard two handguns he was in possession of and then surrendered peacefully to CCCSO SWAT members. The shelter in place was lifted shortly thereafter.

The subject was transported to the Contra Costa Regional Medical Center for a mental health evaluation. We are still investigating the incident and we will be pursuing the following criminal charges: unlawful possession of a firearm (PC 25850(c)(6)), felon in possession of a firearm (PC 30305(a)(1)), negligent discharge of a firearm (PC 246.3), carrying a concealed firearm (PC25400(a)(2)), possession of an extended magazine (PC 32310(a)), and animal cruelty (PC 597).

During the entire incident, the subject did not threaten officers, or threaten to harm himself or anyone else. Neither the subject or any officers were injured, and we want to thank the allied agencies for helping us resolve the incident peacefully.

The investigation is on-going and anyone with information is asked to call the Pinole Police Department’s non-emergency line at 510-724-8950.

Contra Costa Sheriff: National Prescription Drug TAKE BACK Saturday, April 24

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On Saturday, April 24, 2021, from 10 AM to 2 PM, the Contra Costa County Office of the Sheriff and the Drug Enforcement Administration (DEA) will give the public another opportunity to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused, and unwanted prescription drugs.

“This is a great way to get rid of unused prescription drugs in our homes,” said Contra Costa Sheriff David Livingston. “These drugs could fall into the wrong hands and harm family members and friends. This is an opportunity for everyone to help prevent drug addiction and overdose deaths.”

Needles and sharps cannot be accepted; only pills, patches, and liquids sealed in their original container will be accepted. Vape pens or other e-cigarette devices from individual consumers are accepted only after the batteries are removed from the devices.

The service is free and anonymous, no questions asked. Bring your pills for disposal at the following sites. COVID-19 protocols will be followed.

DROP OFF LOCATIONS:

-Office of the Sheriff Muir Station, 1980 Muir Road, Martinez, CA. (Field Operations Building)

-Office of the Sheriff Bay Station, 5555 Giant Highway, Richmond, CA. (West County Detention Facility)

-Office of the Sheriff Valley Station, 150 Alamo Plaza, #C, Alamo, CA.

-Danville Police Department, 510 La Gonda Way, Danville, CA.

-Lafayette Police Department, 3471 Mt. Diablo Blvd., Lafayette, CA.

-Orinda Police Department, 22 Orinda Way, Orinda, CA.

Check with your local police department for a location in your city.

The National Prescription Drug Take Back Day addresses a crucial public safety and public health issue. According to the 2019 National Survey on Drug Use and Health, 9.7 million people aged 12 or older misused prescription pain relievers in the past year. The study shows that a majority of abused prescription drugs were obtained from family and friends, often from the home medicine cabinet.

For more information about the disposal of prescription drugs or about the Take Back event, go to the DEA Office of Diversion Control website at: www.deadiversion.usdoj.gov

 

Armed robbery at Macy’s store in Concord on Friday leads to arrest in Lafayette

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By Concord Police Department

On April 16, at approximately 7:00 PM, a 37-year-old male named Jesse Allen Alexander, went into Macy’s at the Sun Valley Mall and filled a bag full of cologne bottles, valued at over $1,400. He left the store and loss prevention personnel tried to stop him. Alexander reached into his pocket to retrieve a gun and one shot was fired, however, no one was hit.

Alexander was able to get away in his truck. Lafayette PD located him, and he fled on foot but was soon captured and arrested. Alexander was a fugitive from justice, wanted by Federal authorities for allegedly violating his Federal Probation. CPD Detectives will be presenting the case to the Contra Costa District Attorney’s Office.

Anyone with information regarding this case may contact Detective Nicholas Davison with CPD’s Major Crimes Unit at 925-603-5853. CPD Case #21-03538

Contra Costa DA’s office charges Danville Police Officer with multiple felonies for 2018 shooting death of Newark man

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Danville Police Officer Andrew Hall shoots Laudemer Arboleda on November 3, 2018. Screenshot of critical incident video.

“the suspect attempted to run over the officer, who fired his weapon at the vehicle” – Danville Police

Officer Andrew Hall could face 22 years in state prison; same officer who fatally shot suspect with knife on March 11, 2021

By Scott Alonso, Public Information Officer, Contra Costa County Office of the District Attorney

Martinez, Calif. – Today, Wed., April 21, 2021, Contra Costa County District Attorney Diana Becton announces felony charges have been filed against Danville Police Officer Andrew Hall for causing the 2018 death of Newark resident Laudemer Arboleda without lawful excuse or justification. Officer Hall shot at Mr. Arboleda and hit him nine times during a slow-moving vehicle pursuit in downtown Danville. Nine shots hit Mr. Arboleda. (See related articles here, here and here)

According to the police press release of the incident, the suspect attempted to run over the officer, who fired his weapon at the vehicle. A critical incident video was released by the Contra Costa County Sheriff’s Office at that time.

Officer Hall is charged with felony voluntary manslaughter and felony assault with a semi-automatic firearm for the alleged unlawful activity and unreasonable force used during the shooting. Each felony count also contains an enhancement concerning Officer Hall’s discharge of his firearm, a Sig 226, 40 caliber semi-automatic pistol. The second felony count also contains an enhancement for Hall’s unlawful activity causing great bodily injury against Mr. Arboleda.

An arrest warrant was signed by the Honorable Nancy Davis Stark for Hall’s arrest. His bail for the alleged offenses is $220,000.

“Officer Hall used unreasonable and unnecessary force when he responded to the in-progress traffic pursuit involving Laudemer Arboleda, endangering not only Mr. Arboleda’s life but the lives of his fellow officers and citizens in the immediate area. We in law enforcement must conduct ourselves in a professional and lawful manner when interacting with the public. Officer Hall’s actions underscore the need for a continued focus on de-escalation training and improved coordinated responses to individuals suffering from mental illness,” said DA Becton.

On November 3, 2018, at 11:03 a.m., Danville Police Department officers responded to a call reporting that Laudemer Arboleda rang the doorbell of a resident on Cottage Place and was lingering in the area. Mr. Arboleda subsequently drove away from the neighborhood in a 2014 silver Honda. Officers initiated a traffic stop of Mr. Arboleda’s vehicle. When the officers exited their patrol car to approach him, Mr. Arboleda drove away from the officers.

Additional patrol cars joined the traffic pursuit, which lasted for a total of nine minutes and reached maximum speeds of up to 50 miles per hour. Mr. Arboleda continued to drive towards Front Street in Danville. Officer Hall, who was not involved in the initial pursuit, stopped his vehicle in front of the approaching pursuit. As Mr. Arboleda began to slowly maneuver between Officer Hall’s vehicle and another police vehicle involved in the pursuit, Officer Hall ran around the rear of his vehicle and fired his semi-automatic pistol at Mr. Arboleda.

As Officer Hall fired, Mr. Arboleda’s vehicle continued into the intersection of Front Street and Diablo Road and struck a 2006 silver Jeep occupied by an adult. Officers responded and found Mr. Arboleda in his car unresponsive with his foot on the gas pedal. He was taken to San Ramon Valley Medical Center and pronounced dead at 11:44 a.m.

The case will be prosecuted by Assistant District Attorney Christopher Walpole and Deputy District Attorney Colleen Gleason.

This case was investigated by the DA’s Office under the county protocol concerning law enforcement involved fatalities. The protocol investigation is conducted by the DA’s Office when there is a use of force injury or death involving an officer.

Case information: People v. Andrew Hall, Docket 01-195930-3

Hall is the same officer who shot and killed a man with a knife on March 11, 2021. (See related articles here, here and here)

See video of DA Becton’s press conference on KRON4.

Prepared Statement by DA Becton for April 21, 2021 Press Conference

“Earlier today, my Office filed criminal charges against Danville Police Officer Andrew Hall related to a fatal shooting on November 3, 2018. Officer Hall is a Deputy Sheriff with the Contra Costa County Sheriff’s Office and was assigned to Danville at the time of the shooting.

Officer Hall is charged for causing the death of Laudemer Arboleda. Mr. Arboleda was shot 9 times by Officer Hall on November 3, 2018 in Danville.

Our office, for the first time in recent history, has filed criminal charges against a police officer for their actions during a shooting. Officer Hall is charged with voluntary manslaughter and assault with a semi-automatic firearm.

These charges are felonies and due to Officer Hall’s unreasonable force used during the 2018 fatal shooting of Mr. Arboleda, the charges also include enhancements, personal use of a firearm. The second felony count, an assault charge, also has an enhancement for Officer Hall’s unlawful activity causing great bodily injury against Mr. Arboleda.

Overall, Officer Hall could face 22 years in state prison, and he would be prohibited from being a peace officer if convicted.

I should underscore Officer Hall is presumed innocent under the law and these criminal charges are allegations. Ultimately, I am confident a jury of Officer Hall’s peers will review this case with great care and consideration and ultimately hold Officer Hall accountable.

The unnecessary death of Mr. Arboleda underscores the need for law enforcement personnel to better understand those suffering from mental illness.

To review some of the timeline of events leading up to the shooting on November 3, 2018:

On November 3, 2018, at 11:03 a.m., Danville Police Department officers responded to a call reporting that Laudemer Arboleda rang the doorbell of a resident on Cottage Place and was lingering in the area.

Mr. Arboleda subsequently drove away from the neighborhood in a 2014 silver Honda. Officers initiated a traffic stop of Mr. Arboleda’s vehicle. When the officers exited their patrol car to approach him, Mr. Arboleda drove away from the officers.

Additional patrol cars joined the traffic pursuit, which lasted for a total of nine minutes and reached maximum speeds of up to 50 miles per hour. Mr. Arboleda continued to drive towards Front Street in Danville. Officer Hall, who was not involved in the initial pursuit, stopped his vehicle in front of the approaching pursuit.

As Mr. Arboleda began to slowly maneuver between Officer Hall’s vehicle and another police vehicle involved in the pursuit, Officer Hall ran around the rear of his vehicle and fired his semi-automatic pistol at Mr. Arboleda.

As Officer Hall fired, Mr. Arboleda’s vehicle continued into the intersection of Front Street and Diablo Road and struck a 2006 silver Jeep occupied by an adult.

Officers responded and found Mr. Arboleda in his car unresponsive with his foot on the gas pedal. He was taken to San Ramon Valley Medical Center and pronounced dead at 11:44 a.m.

The filing of this case took time due to a backlog of prior law enforcement involved fatal incidents my office is investigating. I am doing everything I can do end this backlog and ensure our independent investigations conclude in an expeditious manner.

 

Last year, I completely re-tooled my office’s approach to investigating these complex and sensitive incidents. I have instilled a team approach to these investigations to ensure we are independent and thorough.

I am committed to publicizing the results of our investigations. Further, if we do not file charges, we will release a full public report.

Officer Hall used unreasonable and unnecessary force when he responded to the in-progress traffic pursuit involving Laudemer Arboleda, endangering not only Mr. Arboleda’s life but the lives of his fellow officers and citizens in the immediate area.

We in law enforcement must conduct ourselves in a professional and lawful manner when interacting with the public.

Officer Hall’s actions underscore the need for a continued focus on de-escalation training and improved coordinated responses to individuals suffering from mental illness.

In terms of next steps, Officer Hall will be arraigned before a judge. We do not have a timeframe yet on when that will happen.

Thank you for coming today. I am here to answer your questions.”

Allen Payton contributed to this report.

Contra Costa Sheriff releases videos showing Danville Officer shooting man threatening him with knife

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Tyrell Wilson with knife moments before he was shot by Danville Police Officer Andrew Hall on March 11, 2021. Video screenshot.

DA to hold press conference Wednesday afternoon announcing charging decision against same officer for 2018 shooting death

By Jimmy Lee, Director of Public Affairs, Contra Costa County, Office of the Sheriff

The Contra Costa County Office of the Sheriff is releasing series of critical incident videos depicting the officer involved shooting involving Tyrell Wilson that occurred in Danville on March 11, 2021. (See related articles here and here)

The Contra Costa District Attorney’s Office and the Office of the Sheriff continue to investigate this incident pursuant to the countywide law enforcement involved fatal incident protocol. The Sheriff’s Office is committed to a thorough investigation, transparency of all the facts, and is releasing these videos to provide the public with facts, evidence and information surrounding this incident.

“Any loss of life is tragic, but the community can now see the truth,” said Contra Costa Sheriff David Livingston. “Tyrell Wilson did in fact threaten the lives of passing motorists by throwing objects, possibly rocks, from the overpass down onto Highway 680. He was found with numerous rocks in his jacket pocket.  He did pull a knife on Officer Hall. He did threaten Officer Hall. And he did start advancing toward Officer Hall in the middle of a major intersection. Officers are forced to make split second decisions to protect themselves and the public and that’s what happened here.”

The videos can be viewed at the following links. They contain graphic content and language that may be disturbing and not appropriate for all viewers.

Contra Costa Sheriff – Official Facebook Page:

   https://www.facebook.com/CONTRA-COSTA-SHERIFF-OFFICIAL-PAGE-224837426560

YouTube: https://youtu.be/J32OpuhBCFM

Anyone with any information on this incident is asked to contact the Sheriff’s Office Investigation Division at (925) 313-2600 or through Sheriff’s Office dispatch at (925) 646-2441. For any tips, email: tips@so.cccounty.us or call (866) 846-3592 to leave an anonymous voice message.

The Contra Costa District Attorney will hold a press conference today, Wednesday, April 21, 2021 at 1:00 p.m. announcing charges against the same officer for a separate shooting death in 2018, according to a Fox2 KTVU news report.

Suicidal Brentwood man taken into custody for mental health treatment Friday morning

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Nearby middle school placed on “lockout”

By Brentwood Police Department

On Friday, April 16, 2021 at around 10:00 a.m., Brentwood officers responded to the area in the 700 block of Rocky Creek Terrace regarding a welfare check. When officers arrived on scene, they learned a Brentwood resident in his 40’s was having a mental health crisis due to family issues. The subject threatened to use a firearm to harm himself; therefore, out of an abundance of caution Bristow Middle School, in the nearby area was placed on a “lockout” for the safety of students and staff.

Police department staff used a crisis negotiator to communicate with the subject, and after several hours determined there was no threat to the subject’s immediate family or a threat to public safety. In an effort to safely deescalate the situation, the decision was made to withdrawal law enforcement resources who continued to monitor the scene from a safe distance.

At around 4:05 p.m., officers contacted the subject in his own camper trailer parked on the street, passed out, after having reportedly ingested an unknown substance. The subject was safely taken into custody without incident and transported by ambulance to a nearby hospital for mental health treatment. A firearm was recovered, and nobody was injured as a result of this incident.

Traffic to the area was closed for several hours and we would like to extend our gratitude to our citizens who were directly impacted and remained patient with us while we worked toward a peaceful resolution.