There are plenty of witnesses, but party shootings can be tough to solve
ORINDA>> When an unknown shooter or shooters opened fire at a Halloween mansion party here, killing five and injuring several others, there were more than 100 people present, authorities say.
But the ample number of witnesses to the shooting is not necessarily an asset to the investigation, according to several law enforcement officials and criminal attorneys, who say violence at parties can be among the hardest types of cases to solve.
“They can be difficult. Many times you have 100 witnesses all tell you they didn’t see anything,” said Tom Fuhrmann, a retired Antioch police sergeant who was second in command of the violent crimes unit. He added that when Antioch police got wind that a large house party was taking place during his career, they would try to shut it down, fearing that a spontaneous violent confrontation would arise.
When violence occurs at parties, several people who witness the same event often have large discrepancies in their recollections or suspect descriptions. And when eyewitness cases go to trial, there are many available angles for attack by the defense.
“Well, obviously there’s the issue that it was Halloween and people are going to be in costumers and alter their appearance,” said Qiana Washington, a defense attorney based in Walnut
Creek. “Then there’s the drug and alcohol usage. If people are intoxicated, that’s going to impair their memories. … And then, when you have shootings happening, people are going to focus on survival. They’re not going to be studying who’s shooting, they’re just going to be trying to protect themselves.”
The shooting happened around 10:50 p.m., at a Halloween party at 114 Lucille Way in Orinda. It is a 4,000-square-foot house with four bedrooms that was being used for shortterm rentals. Police told ABC7 they received two noise complaints that evening and were minutes away from the house when shots were fired. Police said at a news conference Friday that attendees ran from the house in every direction after the shooting, describing the aftermath as “chaotic.” Still, some witnesses were interviewed at the scene.
It was the second time last week that a California Halloween party resulted in slayings; on Tuesday, three men were shot and killed at a Halloween-themed party in Long Beach. No arrests have been reported in that investigation.
In April 2015, 27-year-old Ruben Sosa was at a house party in Oakley when he was shot and killed during a large fight outside the house. There were dozens of witnesses, but no one has yet been charged in Sosa’s killing.
In January, two Southern California men were acquitted of murder charges related to a shooting death that occurred outside a house party, in a case where the prosecution relied heavily on eyewitnesses’ identifying the alleged shooters.
“The investigation has to focus on things other than eyewitness testimony,” said defense attorney Howard Williams of Martinez. “It’s already unreliable, but in a situation where not only is there loud music and some level of intoxication, but now you add in that everybody you talk to is going to be terrified.”
He added: “Human beings are not video cameras, they don’t just take memories and spit it back out… (Police) will have to focus on verifiable things, objective things, like actual videos, if they exist.
Videos of the shooting’s aftermath have popped up on social media, but it is unknown if the shooter or shooters were caught on tape. Two guns were found at the home and are being tested, police said.
Several law enforcement sources said authorities are exploring a possible gang connection to the investigation.
San Francisco police officers were photographed at the crime scene Friday, but police wouldn’t comment on why.
So far the Contra Contra Sheriff’s office has not announced any arrests.