3 face new charges related to security guard’s slaying

By Yosi Yahoudai
Founder and Managing Partner

OAKLAND, Calif. – The Alameda County District Attorney on Friday filed additional charges against the three men who have been blamed for the fatal shooting of security guard Kevin Nishita in 2021.

Laron Gilbert, Shadihia Mitchell and Herschel Hale had previously been charged with the murder of Nishita who was guarding a television news crew in Oakland when he was shot. 

Now, District Attorney Pamela Price has added gang and gun enhancements to the case, departing from her campaign stance that she would try her best not to add enhancements unless the crimes were so egregious that they warranted it. 

Her overall policy has been to generally avoid padding special allegations that make criminal sentences more severe.

The trio will be charged together now that all three are in custody, with each facing a higher maximum sentence if convicted, Alameda County District Attorney Pamela Price said Friday at a news conference.

Gilbert now faces 189 years to life in prison, Mitchell faces 178 to life and Hale faces 151 to life — though all of them would still have the ability to seek parole.

Price said that her predecessor, Nancy O’Malley, made mistakes in her investigation of the shooting. 

“These charges are consistent with actual evidence in this case,” Price said on Friday. “The previous prosecutors who charged the case under my predecessor made certain mistakes about who was responsible for the murder of Kevin Nishita and failed to include some charges that we deemed appropriate.”

Price now alleges that Gilbert was the gunman, not Mitchell.

She took no questions. 

Gilbert had been on the run for two years until his capture in Kansas City last month.

The three are expected to return to court March 4.

About the Author

Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.