The Contra Costa County District Attorney's Office has charged county sheriff's Deputy Andrew Hall with felony counts of voluntary manslaughter and assault with a semiautomatic weapon for fatally shooting Laudemer Arboleda during a police response in downtown Danville in November 2018.
District Attorney Diana Becton announced the charges during a press conference Wednesday afternoon after her office completed its nearly 2-1/2-year investigation into Arboleda's death -- and in that time, Hall was cleared to return to duty and then involved in another fatal shooting in Danville last month.
"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," Becton said in a statement.
"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," Becton added.
Hall, a Contra Costa County Sheriff's Office deputy assigned to the Danville Police Department beat, is out of custody but an arrest warrant has been issued with a bail set at $220,000, Becton said early Wednesday afternoon.
This is the first time in county history that the DA's office has filed criminal charges against a police officer for their actions during a shooting, according to Becton. If convicted, Hall faces up to 20-plus years in prison and would be barred from working in law enforcement ever again.
Attorney Harry Stern, who represents Hall, claims that the charges are unfounded and politically motivated.
"It is my understanding that the Contra Costa County District Attorney's Office originally deemed deputy Hall's use of force as justified given the fact that he was defending himself from a lethal threat. The timing of their sudden reversal in deciding to file charges seems suspect and overtly political," Stern said in a written statement.
"We will vigorously defend deputy Hall and also fight to ensure his constitutional right to due process in this environment," added Stern, from the law firm Rains Lucia Stern St. Phalle & Silver, based in San Francisco.
Arboleda's mother filed a wrongful death lawsuit against the town and sheriff's office, arguing the fatal shooting was unjustified given the circumstances of the incident, including that Arboleda was experiencing a mental health crisis.
Oakland civil rights attorney John Burris, which represents Arboleda's family, condemned the sheriff's office for the poor de-escalation training that led to Arboleda's death, adding that lengthy investigation and delay in charging Hall directly contributed to another fatal police shooting two years later.
"This is a prime example of poorly trained and negligently supervised officers ignoring common sense and shooting at a moving car," Burris said in a statement. "Mr. Arboleda had committed no crime when the police began pursuing him, and from all appearances, it seems his only crime was being the wrong skin color in Danville."
Danville Police Chief Allan Shields declined to comment Wednesday, deferring to the sheriff's office, which did not respond requests for comment. The town of Danville contracts with the county sheriff for police services. Contra Costa County Sheriff David Livingston previously argued that Hall acted appropriately, saying Arboleda drove at Hall, threatening his safety and others.
Hall shot Arboleda nine times at close range while the 33-year-old Newark man tried to drive slowly around police vehicles attempting to block his path in downtown Danville on Nov. 3, 2018.
In the moments prior to the shooting, Danville police officers were responding to a call that a man later identified as Arboleda rang the doorbell of a resident at Cottage Place and was lingering in the area, before eventually leaving in a 2014 silver Honda, according to the DA's office.
A short pursuit ensued, where twice Arboleda pulled over only to continue driving when officers got out of their cars, according to prosecutors.
DA officials said Hall -- who was not involved in the initial pursuit -- stopped his vehicle in front of the pursuit, leading Arboleda to attempt 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 semiautomatic pistol at Mr. Arboleda."
The sheriff's office would later release a video of Arboleda's death, which included Hall and other responding officers' body camera footage.
Arboleda was taken to San Ramon Valley Medical Center, where he was pronounced dead from his injuries at 11:44 a.m. that day.
When asked at Wednesday's press conference why her office is pursuing manslaughter as opposed to murder charges, Becton said that "murder requires that there be malice of forethought, which we do not believe can be proven beyond a reasonable doubt."
As to why the charges took nearly three years to materialize, Becton said that a backlog of "law enforcement involved fatalities" prevented her office from thoroughly investigating the case until this point, but a new team-based system -- 10 attorneys investigated this case -- has allowed the backlog to be reduced.
"The filing of this case took time; it took time due to the backlog of prior law enforcement involved fatal incidents my office is investigating. I am doing everything I can to end this backlog and make sure that our independent investigations come through in an expeditious manner," Becton said.
"Last year I completely retooled my office's approach to investigating these complex and sensitive incidents. I have instilled a new team approach to these investigations to ensure that they are independent and to ensure that we are through," added Becton, who is a former Contra Costa County Superior Court judge.
Becton said that due to the new team-based approach, future law enforcement-related fatalities will be investigated at a quicker pace. The Hall case will be prosecuted by assistant DA Christopher Walpole and deputy DA Colleen Gleason.
Hall, who was cleared to return to duty at some point after the 2018 shooting, is the same Danville police officer who shot Tyrell Wilson at the Sycamore Valley Road-Camino Ramon intersection on March 11. Wilson, a 32-year-old homeless man, died at a local hospital days later.
These were the only police shootings of any kind in the town of Danville since 2001.
Burris, who also represents Wilson's family, said Wednesday, "In this instance, the delay in prosecuting Hall is particularly hurtful because Hall recently shot and killed a homeless man, Tyrell Wilson, under very questionable circumstances. Wilson could be alive if Hall were prosecuted earlier."
Earlier in the afternoon on Wednesday sheriff's office released a series of videos showing the shooting death of Wilson.
The Wilson case remains under investigation by the DA's office.
"The video and witness accounts show this was a cold murder. Wilson never had a chance," Burris said. "Hall initiated the contact. He made no effort to de-escalate, he seemed hell-bent on bringing Wilson under control as if he were roping an uncooperative steer."
During a separate news conference shortly after Becton's announcement, Danville Mayor Renee Morgan read a statement on behalf of the entire Town Council, saying the town supports the need for transparency with the case and called for increased services for residents facing mental health crises.
"Since the town of Danville incorporated in 1982, police services have been provided through a contract with the Contra Costa Sheriff's Office. This has been a positive relationship that has delivered a high level of service and helped strengthen relationships with the community," Morgan said on behalf of the council.
"We regret the two tragic incidents that resulted in the losses of both Laudemer Arboledo (sic) and Tyrell Wilson. Our thoughts are with the families and friends of these men," Morgan added. (The mayor mispronounced Arboleda's name, in line with the misspelling featured in the written statement released publicly afterward.)
"We also see the importance of finding ways to better serve individuals and their families that may be suffering from mental health challenges and are committed to being part of a process that identifies solutions that can incorporate immediate localized emergency response for individuals in mental health crisis," Morgan said. "We will continue to advocate for such services at the state, county, and local level. Our hope is that moving forward from these incidents, we will be able to build a better methodology in handling these issues within our community."
Comments
Registered user
Old Towne
on Apr 22, 2021 at 9:52 am
Registered user
on Apr 22, 2021 at 9:52 am
More Liberal (removed)! If these pure political driven actions continue we will be unable to convince any good people to join the Police Departments!
Registered user
Pleasanton Meadows
on Apr 22, 2021 at 10:41 am
Registered user
on Apr 22, 2021 at 10:41 am
"This is the first time in county history that the DA's office has filed criminal charges against a police officer for their actions during a shooting, according to Becton. "
Not surprising given Becton's complaints about the legal system being "flawed", "prejudiced", and in need of "transformation". We aren't going to be safer when the criminals are treated like victims, know they can get away with more offenses, and won't be held accountable for them - for so called "equity" reasons.
Web Link
Registered user
Vintage Hills
on Apr 22, 2021 at 10:47 am
Registered user
on Apr 22, 2021 at 10:47 am
From the article: “the need for a continued focus on de-escalation training and improved coordinated responses to individuals suffering from mental illness”
“Good people” would love to join the police department. The problem is the lack of serious training for dealing with people who are mentally ill. Our police officers are trained in military style tactics, have urban assault vehicles, and can be sent to calls in multiple numbers. This is us, our families, that are being shot and killed. We need to do better so we all are safe and protected, especially from death. I believe we are slowly taking the right steps in that direction.
Registered user
Del Prado
on Apr 22, 2021 at 12:10 pm
Registered user
on Apr 22, 2021 at 12:10 pm
The "good people" must not be showing up for job interviews Kathleen, Pleasanton PD has listed police officer candidates on their employment opportunities page for months now.
Registered user
Birdland
on Apr 22, 2021 at 12:17 pm
Registered user
on Apr 22, 2021 at 12:17 pm
Two and a half years to decide to charge the police officer. Smacks of current political correctness rather that justice. I would say that anyone who commits a crime must be mentally ill otherwise they would not do the crime. Get the crazies off the street.
Registered user
Pleasanton Meadows
on Apr 22, 2021 at 12:40 pm
Registered user
on Apr 22, 2021 at 12:40 pm
This is absolutely political if they originally said it was defensive initially - shame on the DA for that.
With that said, this officer seems to have at least two recorded incidences of using the ultimate form of defense in both cases. When you only have two police shootings in Danville from the same officer, when there are multiple other officers employed / on shift / reporting to calls its right to lean in.
Said differently if you were to blindly poll 20 officers would they respond in the same manner? Not likely - there's more than a lesson to be learned here.
At a min, officer Hall should be thanked for his service, and while he may have been accurate and right in accordance to his current training and actions, it would be wise to pursue an alternate career outside of law enforcement.
Registered user
Downtown
on Apr 22, 2021 at 1:34 pm
Registered user
on Apr 22, 2021 at 1:34 pm
I remember the Rodney King situation where he being a strong individual was very difficult to apprehend and contain. The police in LA threw a net over him, realizing that this technique wouldn’t work if you were facing an armed person, but in cases where it could be applied why isn’t it? Certainly would be much better than shooting the subject, using choke holds or the knee on the neck.
Registered user
Vintage Hills
on Apr 22, 2021 at 4:27 pm
Registered user
on Apr 22, 2021 at 4:27 pm
Paine, the good people are unlikely to apply when you have a police force that isn’t sufficiently trained.
Registered user
Castlewood
on Apr 22, 2021 at 7:29 pm
Registered user
on Apr 22, 2021 at 7:29 pm
I agree with Kathleen. We don’t need military style training for police officers. We also need to raise the bar on who can become a police officer and raise the pay level to attract more qualified candidates. Skin color should not define how you are treated by police. White people behaving the same way get very different treatment from police.
Registered user
Del Prado
on Apr 23, 2021 at 7:30 am
Registered user
on Apr 23, 2021 at 7:30 am
What military training are you talking about? This is confusing me. Isn't officer training regulated by the state of CA? And I don't think its training that prevents people from doing this job, and "raising the bar" to what? I'm noticing a lot of buzz words and anecdotes but no real substance in this thread....
Registered user
Castlewood
on Apr 23, 2021 at 8:47 am
Registered user
on Apr 23, 2021 at 8:47 am
Paine, no buzzwords here.
Training - improve police training on de-escalation and dealing with mentally ill.
Raise the bar and pay more - what is the buzzword here. I am sure you guys consider this at your place of employment. Do I hire anyone who can fog a mirror or raise the job requirements along with pay so I can get more qualified candidates.
Just because you don’t agree, don’t call it buzzwords.
Registered user
Del Prado
on Apr 23, 2021 at 9:03 am
Registered user
on Apr 23, 2021 at 9:03 am
Raise the bar does not specify any details whatsoever. It's vague and ambiguous. What requirements would you have of our police officers? And how would you improve their training?
Registered user
Vintage Hills
on Apr 23, 2021 at 11:00 am
Registered user
on Apr 23, 2021 at 11:00 am
Paine, there definitely is need for deep training (change the culture/trends) in de-escalation and treatment of those with mental illness. There are families in our community who are afraid for their mentally ill family members. That should not be the case, here or anywhere else.
Registered user
Birdland
on Apr 23, 2021 at 12:52 pm
Registered user
on Apr 23, 2021 at 12:52 pm
"deep training (change the culture/trends)" What in heavens name does that mean specifically.
Registered user
Vintage Hills
on Apr 23, 2021 at 4:05 pm
Registered user
on Apr 23, 2021 at 4:05 pm
PPD has had training on de-escalation. I am suggesting the training needs to go deeper into the culture of policing to cause real change. For trends, I’m encouraged there will be others to help officers with the mentally ill.
Registered user
Birdland
on Apr 23, 2021 at 8:00 pm
Registered user
on Apr 23, 2021 at 8:00 pm
Imagine there's no heaven
It's easy if you try
No hell below us
Above us only sky
Imagine all the people living for today
Imagine there's no countries
It isn't hard to do
Nothing to kill or die for
And no religion too
Imagine all the people living life in peace, you
You may say I'm a dreamer
But I'm not the only one
I hope some day you'll join us
And the world will be as one
Imagine no possessions
I wonder if you can
No need for greed or hunger
A brotherhood of man
Imagine all the people sharing all the world, you
You may say I'm a dreamer
But I'm not the only one
I hope some day you'll join us
And the world will be as one
Registered user
Pleasanton Meadows
on Apr 23, 2021 at 8:33 pm
Registered user
on Apr 23, 2021 at 8:33 pm
John, you described America, before the May Flower!
Registered user
Castlewood
on Apr 24, 2021 at 6:52 pm
Registered user
on Apr 24, 2021 at 6:52 pm
Does Danville police carry stun gun?