East Bay Times

Officer who wounded man identified

Police responding to mental health call say man charged at cop with a pole

- By Rick Hurd rhurd @bayareanew­sgroup.com

Police on Wednesday released the name of an officer who shot and critically injured a 44-year-old man last week.

Capt. Brian Bubar said four-year veteran Officer Manuel Agredano remains on paid administra­tive leave, per department policy, following the shooting Friday. The gunfire wounded Andre Smith, who remained in critical but stable condition with life-threatenin­g injuries at a hospital Wednesday, Bubar said.

The shooting happened outside a residence in the 2600 block of Dover Avenue, according to a police statement. Police said Smith wasn't slowed by stun guns, beanbags or foam bullets; that he threw pieces of brick at officers; and that he charged at officers with a 3-foot pole while using a folding chair as a shield.

In the statement, police said Agredano fired after Smith swung the pole at another officer, who ducked to avoid being hit. Authoritie­s said Agredano's shot hit Smith in the upper right leg.

Police added that as officers were on their way to the scene, a dispatcher told them they had overheard Smith say he would “kill police officers and make them kill him.”

Officers first were called to the residence about 1:40 p.m. to assist with a mental health evaluation. According to police, Smith's wife told a 911 dispatcher that he was showing signs of mental distress.

Smith locked himself inside a room in the residence when officers arrived and refused to speak with them. Authoritie­s said that the residence wasn't his home, but that he wasn't acting violent. Police left the scene, and Smith's wife agreed to call them if he exited the room and needed help.

Smith's wife dialed 911 again about 2:50 p.m., saying Smith was outside the residence harassing her, and asking officers to return to the scene. That's when the dispatcher heard Smith's threat, police said.

Smith was in the front yard when officers arrived. Police say he tried to hide in the side yard, threw pieces of brick at the officers and refused their orders.

Bubar said officers then fired five Taser shots, six beanbag rounds and two 40 mm rubber foam bullets at Smith. Police said he wasn't slowed by them, grabbed a folding chair, used it as a shield, and charged at officers with the pole.

The Contra Costa County District Attorney's Office is leading the investigat­ion into the incident. Bubar said he expects Agredano to return to duty next week.

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