MARTINEZ — The decision not to charge the ex-sheriff’s deputy who shot and killed Tyrell Wilson in 2021 — a month before he was charged for a 2018 on-duty shooting — was a close call due to differing opinions by police use-of-force experts, Contra Costa District Attorney Diana Becton said at a news conference Friday.
“To say that this was a difficult case to review would be an understatement,” Becton said.
Becton said her office consulted three police use-of-force experts before reaching a decision and two issued written reports, she said. One of them found that ex-Contra Costa Sheriff’s Deputy Andrew Hall, 33, acted unreasonably and two called it lawful self-defense.
Just one month after Hall killed Wilson, Becton charged him with manslaughter and assault in the death of 32-year-old Laudemer Arboleda, of Newark, during a 2018 slow-speed chase through Danville. Hall was ultimately convicted of assault — jurors deadlocked on the manslaughter count — and is serving a six-year prison term in San Quentin.
Dr. David Blake and Jeffrey Martin, both retired police officers who serve as force experts, concluded that Hall faced a deadly, imminent threat and lawfully defended himself. Blake, though, added, “I am critical of Officer Hall’s decision to follow (Wilson) into the intersection without a cover officer,” calling it “not aligned with optimal officer safety.”
Jody Stiger, a former Los Angeles Police Department officer, concluded the shooting was “not necessary based on the totality of the circumstances,” a report on Wilson’s shooting says.
Becton stopped short of calling the shooting legally justified. Rather, she cited a piece of California law that says jurors must vote for innocence if presented with two conflicting reasonable theories.
“We can’t legally go to court in good faith and prove these charges beyond a reasonable doubt,” Becton said.
Becton met with Wilson’s family Thursday to explain her decision. She called it a “very challenging conversation” and “of course they’re disappointed in the decision.”
In March 2021, Hall stopped Wilson, 33, for jaywalking in Danville but was responding to a report of someone throwing rocks onto Interstate 680. Video of the incident shows Wilson tell Hall to go away before brandishing a knife. Hall then takes out his firearm, yells commands at Wilson, and shootings him in the head as Wilson takes a small step forward.
Wilson, like Arboleda, suffered from a mental illness, leading many in the community to question Hall’s failure to de-escalate the situation. Becton said she Friday she hoped officers in similar situations would employ de-escalation tactics.
Hall’s two fatal shootings — as well as his return to work while Becton’s office spent more than two years reviewing the Arboleda case — has been a source of local controversy. Hall was charged with manslaughter and assault just one month after fatally shooting Wilson, which critics say county prosecutors could have prevented if they’d reached a charging decision sooner.
Becton has blamed the delay on her need to re-review several police shootings and fatalities after creating a new police accountability team.
“We were completely revamping our officer-involved policies and procedures…that resulted, in some part, to the delay,” Becton said.
A jury deadlocked on the manslaughter charge, but convicted Hall of assault with a firearm in October 2021. He was sentenced to six years in state prison and is currently incarcerated in San Quentin, records show.
Hall’s attorney argued the Arboleda shooting was self-defense.
Contra Costa County has paid roughly $12 million to settle civil rights suits filed by the families of both Arboleda and Wilson.
Outside the news conference, a group of protestors chanted “Black lives matter” and voiced opposition to Becton’s decision. The chants emanated throughout the DA conference room until a staffer closed the door to the outside.
“I would say to the community that we as a team have spent a considerable amount of time reviewing all the evidence…we’ve consulted with experts and we’ve done everything we can to come to the decision that we think is the correct one,” Becton said.
Source: www.mercurynews.com