Richmond: DA’s Office Issues Use of Force Report on Kevin McDonald

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By Yosi Yahoudai
Founder and Managing Partner

Martinez, California – The Contra Costa District Attorney’s Office’s report on the use of force death of 66-year-old Kevin James McDonald in Richmond is now publicly available.

Law Enforcement Involved Fatality Incidents (LEIFI) reports summarizes the results of the District Attorney’s Office’s independent criminal investigation, including a summary of an autopsy, the outcome of a coroner’s inquest, a legal analysis of the facts, and a determination of criminal liability.

District Attorney Diana Becton emphasized: “Six years ago, my office made a commitment to transparency by releasing Law Enforcement Involved Fatality Incidents reports publicly. Since then, we’ve continued this practice. I firmly believe this policy has helped build public trust and improve public safety in Contra Costa County.”

In June 2023, the Richmond Police Department investigated a firearm offense by a Richmond resident. On June 28th, they arrested that suspect and secured a warrant to search his home for evidence. Prior to searching the residence, officers were made aware that another individual, Kevin McDonald, who wasn’t a suspect, also lived at the home.

A team of officers responded to the home and announced their presence and purpose upon arrival. After receiving no answer, they entered the home to secure the scene, continuing to announce themselves as they searched.

During the search, officers approached a closed bedroom door and announced themselves again before opening it. Inside, they found Kevin McDonald seated nearby, armed with a loaded assault rifle. He raised the weapon toward the officers. Faced with an immediate threat of deadly force, Detective Robert Branch and Sergeant Alex Caine fired at McDonald in self-defense and to protect others. Struck by gunfire, McDonald was pronounced dead at the scene.

The Contra Costa District Attorney’s office reviewed the officer-involved shooting that occurred on June 28th, 2023. The legal analysis considered all the available evidence (totality of the circumstances). Based on this review, the District Attorney has concluded that the officer’s use of deadly force was lawful and justified. No charges will be filed in this case.

If you’d like to learn more details, you can access the full LEIFI report for Kevin James McDonald by clicking here.

Richmond

Photo by Richmond Police

More information via Richmond Police:

July 14, 2023Richmond Police Provide Update to Recent Officer Involved Shooting: On July 7, the Richmond Police Department provided an update in its recent officer involved shooting which upon search of a home  resulted in officers locating a total of 53 firearms, including 23 pistols, 8 revolvers, 20 rifles, and 2 shotguns.

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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.