District Attorney Diana Becton announced the filing of voluntary manslaughter and assault charges against a Danville police officer who shot and killed a Newark man after a slow speed pursuit through town on Nov. 3, 2018.
Becton announced that her office had filed felony charges of voluntary manslaughter and assault with a semi-automatic weapon against Andrew Hall, a Contra Costa County Sheriff’s deputy working under contract with the town of Danville as a police officer, in connection with the “unnecessary” death of Laudemar Arboleda, 33.
Hall shot Arboleda nine times as the Newark man attempted to steer his car through a police roadblock.
Becton said Wednesday’s action is the first time in her office’s recent history that charges have been brought against a police officer for their actions during a shooting.
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 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, according to the district attorney’s office.
“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 District Attorney Becton.
If convicted, Hall could be required to serve 22 years in state prison and could never serve as a law enforcement officer again.
On the day of the shooting police responded to a report of a suspicious person near Cottage Lane and Laurel Drive, next to Interstate Highway 680 in downtown Danville. A caller reported seeing a man exit his car, walk toward several homes in the area with bags in his hands, go back to his car and circle the neighborhood, police said at the time.
It was suggested after the shooting that Arboleda, who was mentally ill, wanted to move out of his family’s condo and sought to find the property manager for help but apparently had the wrong address and did not explain this to neighbors, who found his actions suspicious.
Police pulled up as Arboleda drove off, ignoring an officer’s commands to stop. A slow-speed, seven-minute pursuit ensued until Arboleda drove to the intersection of Front Street and Diablo Road, where two police cars attempting to block him.
Arboleda began to drive toward a gap between the two cars when Hall stepped out of his car, gun drawn, and fired at Arboleda, striking him 9 times.
Arboleda was taken to the San Ramon Regional Medical Center, where he was later pronounced dead.
I wonder why it took 2.5 years for the DA to file? Could the timing of the civil unrest in our country and BLM movement been a political calculation that n her part?
It is an elective office.
The first statement out of Sheriff Livingston’s office at the time was a lie just like the first statement out of the Minneapolis police office regarding Floyd was a lie. This has become rote. Then video surfaces of what actually happened and OMG the story won’t stand in the light of day. Arboleda never attempted to run him over. Let a jury see the evidence.
This is rich, coming from this DA who loves turning criminals loose! While I suspected it before, by her actions, we now know which side she’s on. She’s the main reason crime is increasing so drastically locally. Remember that at election time.
One thing we know. Truth is elusive and often deliberately obscured. Get the information out and let an informed jury decide. Take these things out of the darkness and examine them in the light.
Leadership sets the table. Upon learning that the initial police reports regarding George Floyd’s “medical incident” were inaccurate or false, Minneapolis Police Chief Arradondo viewed the video of the police murder and fired the officers involved. He testified at trial that what he saw on the video was not policing. He therefore gave permission for his subordinates to tell what they actually observed and believed rather than hiding behind the blue wall of fear of retaliation.
When Sheriff Livingston accused Arboleda of attempted “murder” in a presser after the killing he implicitly drew a line for his subordinates that they dare not cross. Attempted murder by car was to be the storyline. Which career officer would dare to contradict that publicly or in court testimony? IMO, Sheriff Livingston led his officers in the opposite direction with this opening lie, away from a just outcome, away from their oaths to serve and protect, and toward a very cynical “us vs them” view of the world of policing.
There is sufficient video evidence to show Officer Hall rushed from a position of safety toward the slowly moving vehicle and fired 9 shots into Arboleda, killing Arboleda and endangering his fellow officers, bystanders on a busy street, and the bystander in a car struck by Arboleda’s vehicle as it continued forward with no one in control of it. Whether any of this multitude of officers will dare testify that this was reckless and in violation of police policy remains to be seen…but why would they?
Great point!