No Charges for Sheriff's Deputy in Fatal 2021 Shooting of Black Man in Danville

A former Contra Costa County sheriff’s deputy already serving prison time for shooting and killing a man in 2018 won’t face new criminal charges for the fatal shooting of another man two-and-a-half years later, District Attorney Diana Becton announced Friday.

“To say that this was a difficult case to review would be an understatement,” Becton said, adding that her investigation found that prosecutors could not prove a criminal charge beyond a reasonable doubt. “The District Attorney's Office does not condone the actions of Deputy [Andrew] Hall in the fatal shooting of Tyrell Wilson.”

Deputy Hall approached Wilson the morning of March 11, 2021, near a large intersection in Danville, responding to reports of someone throwing rocks from the Interstate 680 overpass, according to the DA’s report.

Much of what happened leading up to the shooting was captured on Hall’s body camera.

Wilson walked away from Hall, who followed him into the intersection. Wilson then produced a folding pocket knife and flicked it open, saying, “Touch me and see what’s up.”

Hall ordered Wilson to drop the knife as Wilson began to step forward.

“Tyrell Wilson told Deputy Hall, ‘Kill me,’ as he raised his knife up to his own chest, looked up into the sky, and took an additional one-to-two steps toward Deputy Hall,” the DA’s report released Friday says.

“Deputy Hall ordered Tyrell Wilson to drop the knife a third time, and then shot him once with his firearm,” the report continues. “Tyrell Wilson was struck in the head and collapsed to the ground.”

Wilson was pronounced dead at John Muir Medical Center in Walnut Creek two days later.

About a month later, Becton’s office announced criminal charges against Hall for fatally shooting Laudemer Arboleda in 2018. In that case, Hall drove his police vehicle in front of a pursuit and fired into Arboleda’s car as it moved slowly past the former officer.

After a three-week trial, the jury deadlocked on manslaughter charges, but convicted Hall of assault with a deadly weapon. He was sentenced to a six-year prison term in March of this year. Hall has filed an appeal.

Becton declined to explain why, having been able to bring charges in the Arboleda case, she was unable to do so in regard to Wilson’s death.

“Every single case that we look at is going to be evaluated and is going to be based on the factual circumstances and the evidence in that particular case,” she said.

Karen Beck was among a small group of protesters outside the DA’s office on Friday, holding a sign that said, “Justice for Tyrell.”

Beck said she lived in the same neighborhood in Danville as Wilson and his family, who have said he was bipolar and suffered from schizophrenia.

“It was clear he had mental health issues, but all he wanted was to be left alone,” she said. “Having seen and been around him, I’m sure that if the officer had just deescalated that, we didn’t need to have Tyrell dead.”

Becton said her office asked three separate use-of-force experts to evaluate the case, with two finding that Hall’s actions did not violate law or policy.

A third expert found Hall’s use of deadly force was not necessary under the totality of the circumstances, Becton said. That phrasing relates to a 2020 change in state law that lowered the legal threshold for filing charges against peace officers for on-duty shootings.

Still, Becton said, a jury could reasonably side with the other two experts, and that means she should not file charges.

"Under the law, if two reasonable conclusions can be drawn from circumstantial evidence, and one of those reasonable conclusions points to innocence, jurors are instructed that they must accept the one that points to innocence and reject the one that points to guilt," Becton said.

Civil rights attorney John Burris said Friday that Wilson’s family is disappointed with Becton’s decision.

“The officer had opportunity to deescalate,” Burris said.

Contra Costa County has paid a total of $9.4 million in settlement money to the families of both Wilson and Arboleda, even while Wilson's killing was still being investigated.