A 41-year-old Discovery Bay man was fatally shot on Adelaide Drive near Pacheco Boulevard Wednesday morning after a gunfight with a Contra Costa County Sheriff’s deputy who was attempted to take him into custody on an outstanding warrant, said Jimmy Lee, the Sheriff’s Office public information officer.
He was pronounced dead at the scene by members of the Contra Costa County Fire Protection District who had been called to help.
Neither the dead man nor the deputy is being identified at this time, Lee said.
The deputy was one of two who had answered an unrelated call on Adelaide Drive at about 9:03 a.m. They were leaving the area about a half-hour later when one of them saw the man, recognizing him as associated with an outstanding no-bail warrant from another county that had accused him of evading and resisting arrest, Lee said.
Despite the deputy shouting repeated orders for the man to show his hands, the man instead kept one hand close to his waistband as he fled on foot, Lee said.
The deputy gave chase, then grappled with the man. During the struggle, the man pulled out a firearm from his waistband, took aim and fired one shot near the deputy’s head, Lee said.
The deputy pulled his own weapon and returned fire, hitting the suspect, Lee said. “The suspect was deceased at the scene,” he said. The deputy was not hurt, he added, and the suspect’s gun was recovered.
Access to Pacheco Boulevard was blocked for several hours during the incident, and the northern block of Adelaide Drive remained taped off Wednesday afternoon while the investigation continued. However, no shelter in place order was issued, Lee said.
Multiple cars responded to the site, Lee said, explaining that sheriff’s stations are nearby. Although not directly involved, Martinez Police also sent assistance, Chief Manjit Sappal said.
While he declined to give the man’s name, Lee said the suspect has had multiple run-ins with law enforcement, including those related to drug possession, multiple counts of assault with a deadly weapon, possession of dangerous weapons, being a felon in possession of a firearm, possession of a stolen vehicle, obstruction, possession of burglary tools and parole violation.
In addition, he has been identified as belonging to several Contra Costa County gangs, Lee said.
Both the Sheriff’s Office and the Contra Costa County District Attorney’s Office are investigating the shooting and are following the county’s protocol for law enforcement-involved fatal incidents, which in includes sequestering the deputy.
The District Attorney’s Office issued an Oct. 29 revision of the protocol, which has been in effect and has been updated periodically since 1984.
The document requires the District Attorney’s Office and any involved agencies to conduct criminal investigations.
The officer’s agency, in this case the Sheriff’s Office, also conducts an administrative investigation to determine if any criminal law has been violated; if the officer or deputy acted within the agency’s polices, procedures, training and orders; and in preparation for possible civil litigation.
These investigations are to be undertaken independently, according to the county’s protocol.
In addition, the Coroner’s Division is required to conduct an inquest that is open to the public. During that procedure, a jury is asked to decide whether the death came from natural causes, suicide, accident or at the hands of another for a reason other than accident.
Once the criminal investigation is complete, the results will be reviewed, and an analysis will be given to District Attorney Diana Becton, who would decide whether any charges should be filed and informing the officer’s agency before releasing the information to the public.
“We will only issue a public report if no charges are filed against the officer,” said Scott Alonso, public information officer for the Office of the District Attorney.
