Nearly five months after a 36-year-old man died when hit with a Taser by San Mateo County sheriff’s deputies in Millbrae, San Mateo County District Attorney Steve Wagstaffe announced Friday he has determined the filing of criminal charges against the four deputies and sergeant involved in the Oct. 3 incident is not warranted.
In weighing whether the deputies’ use of force was excessive and violated California penal code, Wagstaffe said he and a team of prosecutors, investigators and an independent expert thought about whether the deputies’ actions that afternoon were reasonable based on video footage, transcripts from conversations with the deputies involved and an autopsy report, among other relevant information.
In a 13-page letter to San Mateo County Sheriff Carlos Bolanos, Wagstaffe outlined the specifics of the incident he said unfolded rapidly and began when Deputy Joshua Wang asked Okobi to “hold up a minute” after he observed Okobi walking across El Camino Real against a red light at Millwood Drive at around 1 p.m. Oct. 3. Also including John DeMartini, Alyssa Lorenzatti, Bryan Watt and Sgt. David Weidner, the deputies involved in the incident have not been on patrol since the Oct. 3 incident and have instead been assisting with the transport of inmates between jail and the courts.
By attempting to detain Okobi for several vehicle code violations, attempting to de-escalate the incident before arresting him, using non-lethal force to subdue Okobi and requesting medical assistance, Wagstaffe said he found the deputies’ actions were consistent of those of trained and reasonable peace officers.
He acknowledged in a press conference following release of the letter the weight of the decision and the tragic nature of the incident, which resulted in the loss of a loved one for the Okobi family.
“There is nothing good about this,” he said. “It is a sad, tragic event.”
For Okobi’s sister Ebele Okobi, the conclusion of Wagstaffe’s investigation fell short of explaining why her brother was stopped by deputies that day as well as the extent to which Tasers have been a cause of death.
“Ultimately what we wanted to see is that the district attorney took his job as a person who safeguards the safety of citizens … and it doesn’t feel that way,” she said.
Okobi’s death was the third in San Mateo County involving law enforcement officers’ use of Tasers in less than a year. Wagstaffe previously declined to file criminal charges against three Daly City police officers involved in a struggle with 34-year-old Warren Ragudo, who died Jan. 16, 2018, after a Taser was deployed. Four Redwood City police officers who attempted to subdue 55-year-old Ramzi Saad Aug. 13 after he pushed his 83-year-old mother to the ground were also cleared of charges in his death following multiple deployments of a Taser.
The conclusion of Wagstaffe’s investigation into Okobi’s death and release of the video footage and other reports he used to make his decision comes months after concerned citizens began calling for release of the video footage capturing portions of the incident. Calling for justice for the beloved family member and father as well as transparency from county officials, several groups — including members of the county’s faith community, the group #Justice4Chinedu and the Raging Grannies Action League — have spoken up at meetings of the county’s Board of Supervisors and at a forum supervisors hosted Feb. 11 to scope use of the electroshock weapons.
The timeline of Wagstaffe’s investigation into Okobi’s death was extended by several weeks to allow for an independent expert specializing in “use of force” incidents to review the video footage, police and coroner’s reports and other information relevant to the case and weigh in on whether excessive forced was used in the incident. Though he initially estimated the investigation could be complete by mid-December, Wagstaffe extended the timeline several times to be able to include the expert’s analysis and allow time for prosecutors to review the information.
(2) comments
Killed for jaywalking. He wasn't erratic until the officers came after him. No reason to use a taser and the testimony at the forum showed that multiple taser shots are ill-advised. STOP taser use in San Mateo County. TRAIN officers in better intervention methods.
"Killed for jaywalking" is an outrageous and ridicules statement . Did you watch the DA's press conference? Did you view the 30 minutes of dash cam and cell phone video and audio?
This is another tragedy where a 300+ pound man's unreasonable actions to follow simple commands and his subsequent erratic behavior forced the deputies to use a number of methods (commands, hands on and taser) to control him. How would you suggest the deputies should of controlled and detained him?
Sadly, we'll never know why Okobi behaved the way he did. Had he simply stopped and cooperated with the original deputy he would be alive today. He would of walked away with a warning or at the most, a citation for jaywalking.
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