Friday, April 23, 2021

California police officer charged for fatal shooting of an unarmed Filipino American


SCREEN CAPTURE / YOUTUBE
Laudemer Arboleda was killed by a police officer in 2018.

The wheels of justice grind. Ever. So. Slowly. 

As a jury convicts former police officer Derek Chauvin Tuesday, a year after he murdered George Floyd by kneeling on his neck over nine minutes, the Contra Costa County District Attorney's Office announced charges against a Sheriff's deputy for fatally shooting an unarmed Filipino American after a two and one-half years investigation.

Former deputy Andrew Hall is being charged with killing Laudemer Arboleda, 33. Hall fired his gun multiple times as Arboleda drove slowly pass the deputy. Arboleda was not threatening anybody but appeared confused as he knocked on doors in a Danville, California neighborhood.

Hall is also under investigation for the fatal shooting of Tyrell Wilson on March 11. Partially obstructed video shot by a bystander showed Wilson taking a step back, a knife in hand, before Hall fired.

Hall is currently on administrative leave for another incident last month for shooting Tyrell Wilson, a 32-year old homeless Black man. 

In Arboledo's case, it appears to be a classic case of being a man of color being in a predominantly white neighborhood.

The county's District Attorney, Diana Becton, defended the more than two-year investigation at a news conference Wednesday, April 21.

“It took time due to the backlog of prior law enforcement-involved fatal incidents my office is investigating," said Becton. "I am doing everything that I can to end this backlog and to ensure our independent investigations conclude in an expeditious manner.”

Becton said Hall had used “unreasonable and unnecessary force” in responding to the slow auto pursuit involving Arboleda.

It took 13 months before the police video footage was released. From the dash and body cam video released it is clear that officer Hall was not in harms way and if anything put himself in the path of the car. Video evidence can be viewed in the following link. This video evidence was released 13 months after Laudemer's death.

A resident called Danville police after Arboleda rang the resident's doorbell asking for directions. Instead of going back to his car, the resident told the dispatcher that  Arboleda was acting "suspicious," and continued to carry two bags as he lingered in the neighborhood.

Danville has a contract with the county's Sheriff's Office which provides officers for local law enforcement.

When police arrived, they found Arboleda in his car. Instead of obeying the officers, he drove away. Officers then followed Arboleda, who at that point had not committed any crime. His family's lawyer, John Burris, attests that Arboleda was afraid of police. The pursuit was not a high-speed chase as Arboleda drove off. He even stopped a couple of time when police though he was going to surrender. 

Officer Hall had parked his vehicle to block Arboleda from driving any further.

“Mr. Arboleda was trying to squeeze by between cars," said Burris who represents Arboleda’s family in a civil suit. "He wasn’t trying to hit anyone, and this officer who could have put himself in the position of safety decided to shoot into the car 9 times an unarmed man.” 

Family members say Arboleda suffers from a mental illness. He had driven to Danville, about a 20 minute drive from his home in Newark, in neighboring Alameda County. Danville is a suburban town of 44,000 east of San Francisco and Oakland. It is about 80% white. Asians make up about 14% of the city

“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 said at the press conference.

Charges include felony voluntary manslaughter and felony assault with a semi-automatic firearm and unreasonable force used during the shooting of Laudemer Arboleda in 2018.

Jeannie Atienza, Arboleda's mother alleges her son's “only crime was being the wrong skin color in Danville.”

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