DA says that deputy made inconsistent statements

He is currently facing manslaughter charges in shooting

“It’s telling that the DA’s Office is scrambling to cobble together theories at this late date.” —Harry Stern, Andrew Hall’s attorney

MARTINEZ >> As they continue to investigate the 2018 killing of a 33-yearold man by a Contra Costa Sheriff’s deputy, district attorney investigators say they’re focusing on inconsistent interview statements and testimony by the deputy, Andrew Hall, who now is facing manslaughter charges in the fatal shooting.

In court records, Larry Wallace, senior inspector for the DA’s Office, wrote that Hall changed key details in his statements to police after the Nov. 3, 2018, shooting of Newark resident Laudemer Arboleda. In April, Hall was charged with voluntary manslaughter and is out of jail in lieu of $220,000 bail, with an arraignment hearing set for next week.

Wallace’s statement — made in a search warrant application to inspect data from the computer of Arboleda’s 2014 Honda Civic — also gives new insight into the DA Office’s decision to charge Hall. It notes that video shows Hall “continue to discharge his weapon after the 2014 silver Honda passed his location,” and that Hall had stepped out of the way of the car as he fired nine times.

Hall shot Arboleda during a slow speed police chase through Danville as deputies were attempting to stop Arboleda in connection with a suspicious person call. Arboleda, who suffered from mental illness, was seen walking around a local apartment complex and family members have speculated he was trying to inquire about renting.

Hall’s attorneys have said he fired to prevent himself from being run over and claimed that Becton previously had approved a prosecutor’s decision to clear Hall, which Becton has denied.

According to Wallace’s statement, in his initial 2018 interview with police, Hall said he was afraid the Honda would strike him, and that it appeared to veer toward Contra Costa Sheriff’s Sgt. Chris Martin, who was driving another patrol vehicle. In a second interview, which Hall requested after reviewing video of the incident, the deputy acknowledged that Martin never exited his patrol vehicle, Wallace wrote.

Wallace added that the video shows that “the 2014 silver Honda, after maneuvering between the two (police) cars, does not change directions toward any other officers.”

According to Wallace’s filing, Hall also told investigators in 2018 that he fired two volleys but testified in a 2019 inquest hearing that he fired the nine rounds continuously.

When asked for comment, Hall’s attorney, Harry Stern, said that Hall was completely consistent in saying he fired “to protect himself from being crushed by Mr. Arboleda’s car.” Stern added that when it came to the detail about Martin, Hall merely “corrected himself” after seeing the footage and “thus there was no inconsistency.”

“It’s telling that the DA’s Office is scrambling to cobble together theories at this late date,” Stern said.

Hall was cleared in an internal probe by the Contra Costa Sheriff’s Office, and Sheriff David Livingston publicly defended Hall in the aftermath of the shooting. In March, weeks before he was charged in Arboleda’s death, Hall shot and killed 32-year-old Tyrell Wilson after Wilson pulled a knife and took a small step toward Hall, who was attempting to stop Wilson for jaywalking while investigating reports of someone throwing rocks at cars.

Hall was set to return to duty following the shooting of Wilson when the DA’s Office filed charges against him in the 2018 killing.