Deputy convicted for shooting Filipino American for acting "suspicious"

SCREEN CAPTURE / KTVU

Laudemer Arboleda, left, shot for acting "suspicious.

A Contra Costa County deputy has been convicted for fatally shooting a Filipino American three years ago.

The family of Laudemer Arboleda received a $4.9 million settlement from Contra Costa County and the California town of Danville where Sheriff's Deputy Andrew Hall fired ten rounds at Arboleda at nearly point blank range, hitting him. nine times.

Hall, who is White, was convicted of felony assault with a firearm in Superior Court in Martinez, the County seat, on Tuesday for shooting the Filipino American man, The jury couldn’t reach a decision on the more serious charge of manslaughter and the judge declared a mistrial on that charge.

“I hope the message this sends is that the public will hold police accountable for police misconduct,” said attorney John Burris, who represented the Arboleda family. “And that cities and counties have some responsibility to train their officers in such a way that they do not use deadly force under circumstances where it is unnecessary.”

On Nov. 3, 2018, Arboleda drove to suburban Danville from his home in Newark, about a half-hour drive away. It was unclear why Arboleda went to Danville. In a residential cul de sac he began knocking on doors to ask for directions.

One resident called the police saying the 33-year old Arboleda was acting "suspicious." Danville, a town of about 44,000, is 80% White and 13% Asian American.

Police arrived as Arboleda was driving away. The officers (Danville contracts with the County for deputies) who initially were able to pull Arboleda over but as they got out of their cars, he drove away again. At one point, the officersdrew their guns but didn't shoot, allowing Arboleda to slowly drive away. He led Danville police on a nine-minute, slow-speed pursuit. 

Hall arrived minutes later and attempted to block Arboleda with his car. Hall testified that he feared Arboleda was going to run him over and that was when he pulled his gun from its holster and fired into Arboleda's car as it passed by. However, from the police dash and body cam video, it is clear that officer Hall was not in harm's way and if anything, put himself in the path of the car.

CONTRA COSTA COUNTY

Body cam video shows Officer John Hall aiming his gun at Laudemer Arboleda.

Arboleda’s family has said the 33-year-old was mentally ill, a condition for which he was hospitalized earlier in 2018.

For his conviction, Hall faces up to 17 years in prison, with sentencing set for January, Arboleda's attorneys said. Becton said her office would consult with the family and determine whether to retry Hall on the manslaughter charge.

While awaiting trial, Hall was allowed to resume his duties as a police officer and was involved in the fatal shooting of Tyrell Wilson, a Black homeless man whose family said was suffering from depression and paranoia. 

“Today’s guilty verdict holds accountable defendant Andrew Hall for his excessive use of force in the fatal shooting of Laudemer Arboleda," Contra Costa County District Attorney Diana Becton said in a statement. 

"Deputy Hall’s actions were not only a crime, but they tarnished the badge and they harmed the reputation of all the good, hard working police officers that work for our community. My Office extends our condolences to the family of Mr. Arboleda. With regards to the voluntary manslaughter count, we will take the matter under review to determine the appropriate next steps.”

A separate federal civil lawsuit against Hall filed by Arboleda’s mother is also proceeding toward trial.

Adante Pointer, one of the attorneys representing Arboleda's family in the civil suit, called Tuesday's outcome “partial justice.”

“But it was a big step towards holding Andrew Hall responsible and accountable for needlessly taking this young man's life,” he said. “But the fight isn't over. ... We still feel there's more justice to be had.”