Today, the Alameda County District Attorney’s Office issued its Final Report following the July 5, 2015 officer-involved shooting in Pleasanton, California. After a careful review of the evidence, the District Attorney’s Office concluded that Officer Kunkel acted in lawful self-defense and will not be charged with any crime. “We respect the findings of the District Attorney’s Report and I want to express our deepest condolences to the family of Mr. Deming Jr. I also want to communicate support for Officer Kunkel and his family through this time.” said Pleasanton Chief of Police Dave Spiller.
Per standard protocol for any police-officer-involved-shooting-incident in Alameda County, this incident was independently investigated by the Alameda County District Attorney’s Office and their Officer Involved Shooting (OIS) Team. The team, which consists of experienced investigators and deputy district attorneys, spent the last seven months investigating the issue and concluded:
“The evidence shows that Officer Kunkel believed that lethal force was necessary because he believed he was about to lose consciousness as a result of Mr. Deming Jr.’s ongoing attacks, which would lead to the loss of retention of his firearm and ultimately his death. The evidence supports the conclusion that Officer Kunkel acted under the actual and reasonable belief that Mr. Deming Jr. posed a threat of death or great bodily injury to him.” (District Attorney’s Report pgs. 44-45).
While the Pleasanton Police Department is satisfied with the depth and thoroughness of the District Attorney’s investigation and Report, the loss of life is tragic for all parties involved. We want to again express sympathy for the grieving Deming family. We hope that with the investigation complete and the Final Report released, the healing process can begin for the Deming family, the officers involved in the incident, and our community.
A copy of the Final Report may be obtained directly from the District Attorney’s Office by writing or contacting Assistant District Attorney Teresa Drenick, at [email protected].
