Contra Costa DA: 2021 fatal San Pablo Police shooting was justified
CONTRA COSTA COUNTY – The Contra Costa District Attorney's Office said Friday it determined San Pablo police were legally justified in shooting and killing a 45-year-old man who appeared to be holding a handgun during a traffic stop in 2021.
Around 2:25 p.m. Dec. 15, 2021, police were called to the parking lot of the Evergreen Market in San Pablo. A market employee said a white or Hispanic male in the parking lot was holding a firearm.
The employee also told police it appeared the man was manipulating the firearm's magazine. San Pablo officers met at a staging area near the market to prepare to contact the man, later identified as Sergio Baldemar Escalera-Valdez.
A dispatcher radioed to officers that Valdez was seen driving a red Toyota Tacoma recklessly out of the parking lot. Officers spotted the vehicle and pursued Valdez until he pulled over. Officers noted Valdez appeared to be moving around the cab of the truck in an unusual manner.
With weapons drawn, officers ordered Valdez to show his hands multiple times. Police said he initially responded "No" but then placed his hands outside the window of the truck - where his hands appeared to be bloody.
Valdez then allegedly exited the vehicle with his back toward the officers and had what police said appeared to be a firearm in his hand. When Valdez appeared to manipulate the weapon by "racking the slide" (i.e., pulling the pistol's slide to the rear and releasing it - which is a movement consistent with loading a cartridge into a firearm's chamber), he turned around and faced the officers.
After repeated commands by police to drop the weapon, Valdez allegedly brought the weapon up. Officers responded by firing at him. The gun was later identified as a BB handgun. Emergency medical responders attempted life-saving measures and later transported Valdez to a local hospital where he later died from his wounds.
The district attorney's report said people related to Valdez said he'd been depressed for several months due to financial difficulties. He also allegedly told family members that he planned to kill himself.
The report also said on Dec. 15, about an hour before the 911 call was made, an employee from the Evergreen Market interacted with Valdez in the parking lot after Valdez called him over to his truck. Valdez attempted to give the worker money, but the worker refused. He then began to cry and the worker offered to help him. Valdez allegedly said there was no way to solve his problem and that he wasn't going to kill himself but would "let the cops do it for me."
On Dec. 16th, Dr. Arnold Josselson performed an autopsy on Valdez for the Contra Costa County Coroner. In his report, Dr. Josselson said Valdez had seven gunshot wounds, with a fatal wound to his chest that also penetrated his liver. Toxicology results noted Valdez tested positive for "methamphetamine, amphetamine, and THC (marijuana). It also revealed that Valdez's blood alcohol level was .210 % (over twice the legal limit for driving under the influence)." In its legal analysis, the District Attorney's Office concluded the officers' actions in stopping Valdez in his vehicle and attempting to detain him were lawful - given the information officers received from the 911 call.
The D.A.'s report said officers were justified in using lethal use of force due to their reasonable belief that they needed to defend themselves against an imminent threat of death or serious bodily injury. As such, no further action will be taken in this case.
The District Attorney's Office notified the Valdez family about the publication of this report. A copy of the report has also been sent to the San Pablo Police Department, state Attorney General Rob Bonta's office, and is available on the District Attorney's website.
