The crash occurred at about 1:50 a.m. on Feb. 21 on Highway 84/Vallecitos Road approximately half a mile east of Little Valley Road in Sunol, according to CHP Officer Tyler Hahn.
Arriving officers found the aftermath of a head-on collision in which a silver Honda Civic, driven by Shumate, crossed over the double-yellow lines for unknown reasons and struck a silver Volkswagen Jetta driving in the opposite direction on the highway, Hahn said. Both drivers were seriously injured, and both cars had major damage.
Shumate was in critical condition when the CHP reached the scene. He was transported to Eden Medical Center in Castro Valley, where he was pronounced dead just before 4 a.m. that day, according to Hahn.
The Jetta driver, a 20-year-old Turlock woman whose name was not released, sustained major injuries and was taken to San Jose Regional Medical Center, where she later stabilized, according to Hahn. A lone passenger in the Jetta sustained minor to moderate injuries and was transported to a hospital as well.
The cause of the collision is still under investigation, in part because officers were unable to speak with Shumate for a statement, but crossing the double-yellow lines for the unknown reason was the primary factor, according to Hahn.
In other news
* A federal judge last month ordered a further competency evaluation of up to 45 days in a U.S. prison facility for an undocumented Mexican citizen accused of illegally possessing the gun that killed Pleasanton native Kate Steinle on a San Francisco pier in 2015.
U.S. District Judge Vince Chhabria said on Feb. 19 that the evaluation could result in Jose Ines Garcia Zarate taking medication that would enable him to be competent to stand trial.
A recent three-hour evaluation by a psychiatrist concluded that Zarate is currently incompetent, but could be made able to undergo a trial if given medication, according to descriptions of that evaluation given by Chhabria and Assistant U.S. Attorney Eric Cheng at a hearing in Chhabria's San Francisco courtroom.
Zarate faces federal charges of being an undocumented immigrant and an ex-felon in possession of the gun from which a ricocheting bullet struck and killed Steinle on Pier 14 on July 1, 2015.
He contends that the shooting was an accident, that he didn't know a wrapped object he found under his chair was a gun and that he threw it in the water as soon as it fired. He was acquitted of murder and manslaughter charges in San Francisco Superior Court in 2017.
Chhabria delayed Zarate's federal trial and ordered the recent three-hour evaluation after concluding that Zarate didn't seem to understand the federal charges.
A longer 30- to 45-day evaluation would provide an opportunity for Zarate to be prescribed medication and then be observed, Cheng said.
Defense attorney Erica Treeby and Cheng both agreed to the plan, which Chhabria ordered after briefly closing his courtroom for a private discussion with Zarate.
Lead defense attorney Tony Serra has previously said he believes Zarate is competent and wants him to be able to go to trial because the alternative could be being held in a prison medical facility for long-term treatment. Serra has said he expects an acquittal.
The judge said at the Feb. 19 hearing that Zarate was formerly given medication while being held at Alameda County's Glenn Dyer Jail in Oakland, but "it appears inexplicably that they stopped treating him" when Zarate was moved to the county's Santa Rita Jail in Dublin.
Chhabria said it will be up to the medical evaluators to decide whether to prescribe medication for Zarate, but if the medication is prescribed and Zarate takes it, he may be able to go to trial.
Under federal law, the continued evaluation can last no more than 45 days. It would take place at a U.S. Bureau of Prisons facility in Seattle, Los Angeles or San Diego.
Chhabria also noted during the hearing that in an evaluation in a previous case a few years ago, Zarate was found to be competent to stand trial after being given medication.
The previous assessment was ordered by a federal judge in Texas in 2009, according to an order Chhabria issued in January. In that case, a medical evaluator diagnosed Zarate with schizophrenia and concluded he was competent to stand trial because he was properly medicated at the time, Chhabria said in the document.
* An Alamo man was arrested by Lafayette and Walnut Creek police after investigators allegedly linked him to a series of bank robberies that occurred throughout Contra Costa County last month.
With assistance provided by the Danville Police Department and Contra Costa County Sheriff's Office, police arrested 41-year-old Brendan Gray at his home in Alamo on Feb. 20 at approximately 3:35 p.m. on suspicion of robbing at least three banks.
According to sheriff's spokesperson Jimmy Lee, Gray is believed to be involved in a bank robbery that occurred at a Wells Fargo Bank in Walnut Creek on Feb. 1, as well as one at a Wells Fargo Bank on Moraga Way in Orinda on Feb. 12, and most recently at the Wells Fargo Bank on the 3600 block of Mt. Diablo Boulevard in Lafayette on Feb. 19.
Lee added that police investigators were able to identify a suspect vehicle and identify Gray as the suspect in the robberies. Gray was taken into custody without incident and booked into the Martinez Detention Facility on three counts of first-degree robbery.
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