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Dublin Police: Officer Hit With Metal Bat Before Shooting

The suspect had been tased the previous day by Livermore Police.

Dublin Police offer a timeline on the officer-involved shooting. (Photo: Scott Carpenter)
Dublin Police offer a timeline on the officer-involved shooting. (Photo: Scott Carpenter)

Dublin Police Services responded to a domestic disturbance call in the 7000 block of Dublin Meadows St. on Sunday, May 4, 2014, about 6:17 P.M.  Upon arrival at the residence, the Dublin Police officers were met at the front door by a male subject holding a baseball bat.  A Dublin Police Officer drew his firearm and Oscar Herrera (DOB: 12/23/1995) immediately hit the Dublin Police Officer with the metal baseball bat.  The bat hit the Officer on his right hand which was holding his firearm.  Herrera then raised the baseball bat over his head in a motion which would direct the bat at the Officer’s head.  The Officer felt his life was in immediate danger and fired four rounds striking the suspect and stopping the threat to his life.  Alameda County Fire and Paramedics Plus responded to the scene; however, the suspect succumbed to his injuries.

In the investigation and interviews conducted through the night, Dublin Police was able to learn what had happened prior to the Dublin Police’s arrival.  A family member called a friend and the friend called the Dublin Police and said that Oscar Herrera was being physical with his mother, had pushed her, and possibly confrontational due to him going through detox.  The friend was not at the apartment and provided the address to Dublin Police.

In addition, Dublin Police learned that on Saturday, May 3, 2014, the Livermore Police Department was called to an incident where Herrera was using methamphetamine and had attacked a friend and was threatening to eat him.  Livermore Police arrived and contacted Herrera who was covered in blood and immediately began fighting with the Livermore Police.  Livermore Police had to use their Taser to gain control of Herrera, who was then transported to a local hospital for treatment.  On Sunday morning, May 4, 2014, Herrera called his mother and asked her to pick him up at the hospital because he had decided to leave against the medical advice of the doctor who was treating him.

Herrera had a criminal history for possession of weapons, assaults, resisting arrest, and possession of drugs.

Interviews with witnesses at the scene were consistent with the suspect attacking the officer with a baseball bat at the threshold into the residence.

--Information submitted by City of Dublin

Becky May 20, 2014 at 10:31 AM
I agree that the officer had to shoot the guy. Does anyone else think that there seems to be many officer involved shooting deaths now, or are they just publicized more? Are people attacking the cops more nowadays?
Ron Esteller May 21, 2014 at 04:19 PM
Watch this video.. http://www.break.com/video/baseball-bats-don-t-win-fights-2611867 just sayin..this was a Civilian not a "trained" officer. it can be done...and before anybody comes back on this I TEACH defensive tactics TO law enforcement I work WITH law enforcement. I am NOT a liberal, I just believe there ARE other alternatives SOMETIMES. maybe not this time, I/YOU were not there, I am NOT admonishing the officer I/YOU were NOT there. just sayin...
Becky May 21, 2014 at 04:58 PM
That was an awesome video. I call the big guy "the human handcuffs". What exactly did the big guy do to make the other guy unconscious? If it was a choke hold, aren't the police banned from using those? Maybe the reason the police are shooting so often is because they are constrained in so many other areas, that it always pushes situations to shooting. I can't remember exactly the rules, but isn't a nightstick and a taser the same level weapon as a gun?
Desert Rat May 21, 2014 at 06:22 PM
Every situation is different, there are no cookie cutter approaches. Each officer evaluates the situation second by second and reaches for whichever tool is the most appropriate at that moment. Sometimes it can be defensive tactics. Sometimes it is pepper spray. Sometimes it is a baton, Taser, or other device. Sometimes unfortunately it has to be a gun. There is no such thing as a bad tool to have in the toolbox. What is bad is when people assume that all situations can be solved without violence. It is a sad part of reality that sometimes deadly force is the answer to the equation. But some folks just won't ever accept that.
Mark Tarte May 21, 2014 at 07:46 PM
Becky, nightsticks, tasers are "less-lethal" weapons and are below the use of deadly force. A "chokehold" is where the arm goes across the neck and presses against the larynx, possibly crushing it. THAT is not what has ever been taught. What has been taught is a "carotid restraint" which the forearm and the bicep form a "V" and cut off blood flow to the brain momentarily causing the subject to blackout. It is akin to the "sleeper hold" you see in wrestling, but in real life. Many agencies do not allow officers to use that anymore. For those who believe that the DPS officer could have done what this fellow did, each situation is different and I have investigated attempted murders where a baseball bat was the weapon.

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