In the news | No enhancements for accused in fatal shooting of security guard

Alameda County District Attorney Pamela Price. (Office of the Alameda County District Attorney via Bay City News)

The San Francisco Chronicle reported that Alameda County District Attorney Pamela Price will drop some enhancements against two men accused in the fatal shooting of security guard Kevin Nishita last year.

Nishita, 58, died of his injuries days after he was shot while trying to prevent the theft of a KRON news reporter’s camera in downtown Oakland on Nov. 24, 2022. Piedmont resident Bob Tuck was one of several people who came to Nishita’s aid at the time.

Per Chronicle reporter David Hernandez:

Alameda County prosecutors plan to drop several sentencing enhancements and criminal allegations against two men accused in the 2021 fatal shooting of security guard Kevin Nishita, according to the county Public Defender’s Office. 

The office said Tuesday that the move means Hershel Hale and Shadihia Mitchell would no longer face the possibility of life in prison without parole if convicted in the death of Nishita, who was shot when he tried to stop the theft of a TV reporter’s camera in Oakland. 

Earlier this year, Price published a video on YouTube explaining her position on the use of enhancements in sentencing. (An enhancement is an extra penalty to a criminal charge that applies when particular circumstances — i.e., the use of a gun when committing a felony — are present in the facts of a criminal case.)

According to the Chronicle’s reporting, the public defender representing Mitchell says that it was not his client, but a third man, who has not been apprehended, who fatally shot Nishita:

“For 18 months we have been telling the prosecution that our client Shadihia Mitchell was not the actual shooter, and we are pleased they are finally dismissing the charges alleging that he was,” Public Defender Brendon Woods said in a statement. “The evidence clearly shows that someone else fired the fatal shots.”

According to Woods’ office, evidence shows the shooter was a third man, Laron Gilbert, who is on the run. 

Reporter Emilie Raguso of The Berkeley Scanner gives a full breakdown of the case HERE and explains why Nishita’s widow has said she is opposed to the reversal from the DA’s office and that her wishes have not been taken into account.

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