Officer gets prison sentence for the fatal shooting of Filipino American man

Jeanine Atienza, center, mother of Lademer Arboleda, leaves the court house with supporters.

A former police officer who shot and killed an unarmed Filipino American, was sentenced to six years in state prison.

Andrew Hall fired his weapon 10 times at Laudemer Arboleda to end a slow-speed pursuit in 2018 in Danville, California. was sentenced to six years in state prison Friday by a Contra Costa County Superior Court judge in Martinez.

"Hall violated his civil rights," said Jeannie Atienza, Arboleda’s mother. "He killed, and overkilled, my son because he was a brown man in the white city of Danville."

"The people of Contra Costa County put their trust in Mr. Hall to protect them, and he violated that trust," Superior Court Judge Terri Mockler, adding that Arboleda, "did not deserve to die for evading a police officer. That is really the crux of this. While he may have violated the law, it was no law that carried a sentence of death for him."

Jurors found Hall guilty of assault but deadlocked on the manslaughter count following a nearly three-week trial last October.

Laudemer Arboleda

Hall -- who is also being investigated for his role in a second on-duty fatal shooting in 2021 -- received three years for the assault with a firearm charge itself, plus another three for the enhancement of inflicting great bodily harm.

Hall shot and killed 33-year-old Arboleda at the end of a slow-speed police pursuit in Danville on Nov, 3, 2018. He shot him nine times as the Newark man pulled away at 6 mph.

The events unfolded on Nov. 3, 2018, when a Danville resident called 911 to report that a man later identified as Arboleda was knocking on doors and lingering outside homes in a cul-de-sac. It is not known why Arboleda drove to Danville, perhaps a 20-minute drive from his Newark residence.

Arboleda, whose family said he was hospitalized earlier that year for mental illness, pulled over several times, only to drive away from police. At one point, officers drew their guns without shooting as Arboleda slowly drove away.

Hall became involved at the end of the slow-speed chase when he pulled in front of Arboleda and got out of his police car and took a position near the Honda's front passenger side. As Arboleda tried pulling away, Hall discharged his weapon 10 times, hitting Arboleda with nine bullets. He was pronounced dead at the scene.

During opening remarks Deputy District Attorney Colleen Gleason presented dashboard and bodycam footage showing Hall jumping out of his car, running up to Arboleda’s vehicle and firing repeatedly into the car’s windows.

“The defendant fired 10 shots into the slow-moving vehicle of a mentally ill man,” said 

Deputy District Attorney Colleen Gleason said nine of the bullets hit Arboleda, who had periodically shown signs of depression, but began displaying concerning behavior in the months before his death. Just months before his encounter with Hall, Arboleda was involuntarily committed to a psychiatric hospital for three weeks and prescribed medication for psychosis and schizophrenia, his family has said.

Hall's lawyers said the officer was only trying to protect himself from the oncoming Honda, though video shows Hall, standing to one side of car was not in the path of the car. Arboleda's vehicle ended up crossing and colliding with an oncoming car.

The judge took issue with a report from the county's Probation Department, as well as a sentencing memo from the defense, both of which she said left out "critical evidence" from the trial. Some of that missing evidence included testimony from other officers that Hall didn't communicate to them he was joining the situation, and that a police supervisor on the scene, lwho was on the driver's side of Arboleda's car, felt endangered by Hall's gunfire.

Mockler also said the reports ignored expert testimony saying it wasn't clear which shot was the chest shot they said killed Arboleda. That detail is important because the car was moving. albeit slowly, as Hall fired his firearm, which the judge pointed out was also against Sheriff's Office policy.

Mockler said the probation report also left out testimony saying Hall was trained not to fire into a moving vehicle, as doing so makes "the vehicle a guided missile, which is exactly what happened," when it crossed the street and struck a vehicle driven by an elderly woman.

An initial investigation by the Contra Costa County Sheriff's Office, with which Danville contracts for police services, cleared Hall of wrongdoing.

The two fatal shootings committed by Hall are the only police-involved shootings of any kind on record in Danville since 2001.

Shortly after the October verdict, Contra Costa County agreed to pay $4.9 million to Arboleda's family to settle a lawsuit.

Following the sentencing hearing last March 3, Contra Costa County District Attorney Diana Becton called the prison sentence "reflective of the gravity of the crime when Hall "unreasonably shot" Arboleda.

"Deputy's Hall's actions were dangerous, unreasonable, and excessive. In sentencing the defendant to prison, the Court recognized the need for accountability in Deputy Hall's decision to fire multiple times at Laudemer Aboleda (sic), taking his life," Becton said in a written statement released by her office.

"No sentence imposed will bring Laudemer Aboleda (sic) back to his family," the DA's statement added. "The sentence imposed today is proportionate to the egregious shooting committed by a law enforcement officer who took the life of one man, and in doing so endangered the lives of his fellow officers and civilians."

EDITOR'S NOTE: For additional commentary, news, views and tips from an AAPI perspective, follow @DioknoEd on Twitter.

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.”

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.”