18-year-old charged in Oakland chase that killed math teacher insists car wasn't stolen: attorney

OAKLAND, Calif. - The attorney of an 18-year-old charged with felony vehicular manslaughter after the CHP pursued him and which led to the death of an innocent Castlemont High School teacher in Oakland told KTVU a different version of events ahead of his Monday court hearing. 

Attorney Roseann Torres said that Eric Scott Hernandez-Garcia, who is "deathly afraid of police," was out on May 28 getting snacks at the store in his mother's Infiniti G35 when a California Highway Patrol officer started pursuing him.

Authorities originally stated that the car was stolen. 

But Hernandez-Garcia, through his attorney, insists it was not; he said his mother owns the car. 

Video at the scene showed the Infiniti had no rear plates, something that Torres was not immediately able to explain. 

However, the teen's claims appear to have validity.

On Monday, Alameda County Sheriff's Sgt. Roberto Morales told KTVU that deputies spotted an Infiniti G35 driving recklessly on May 5 and that the driver took off. As a result, the theriff's office issued a "seizure warrant" for the car. 

Morales acknowledged that deputies did not know who was driving at the time and said at that point, the car had rear plates and did not come back as stolen. 

It was this car that the CHP spotted on May 28, leaving the parking lot near the intersection of 102nd Avenue and International Boulevard, when the driver took off. Hernandez-Garcia was driving the car that day. 

It's unclear if the Infiniti had plates on May 28, and if it didn't, how the CHP was alerted to the fact that the car was wanted. 

Torres also emphasized that Hernandez-Garcia had no weapons or drugs on him at the time, and that police had tried to stop him before, but he doesn't know why. 

She described Hernandez-Garcia as a scared teen, and is very traumatized by police.

Torres asked, and was granted, her client's plea to be delayed until June 20. 

"All the police reports, the witnesses, Ring cameras, and things that are mentioned that we'll be obtaining," she said outside court. "We have to get the full extent of the evidence before we start the case, so today is too soon after the incident happened." 

Hernandez-Garcia was supposed to graduate Arise High School in Oakland's Fruitvale Village this Saturday. 

On Friday, Alameda County prosecutors charged Hernandez-Garcia with seven felonies following the death of Marvin Boomer, a beloved Castlemont High teacher.  

Boomer was walking with his girlfriend at 7:45 p.m. at East 21st Street and 12th Avenue.

At the same moment, California Highway Patrol officers were in pursuit of Hernandez-Garcia because they recognized his "wanted" Infiniti. 

Hernandez-Garcia ended up striking a minivan with two people inside at East 21st Street and Park Boulevard, authorities said, and then, five blocks later, a parked car, a tree and a fire hydrant, which ended up getting knocked off its base and flying into Boomer, killing him. 

The CHP said officers had abandoned their brief pursuit after the first crash involving the minivan and that a CHP airplane was still monitoring the Infiniti from above.

Ricardo Garcia-Acosta, chair of the Oakland Police Commission released a statement Monday saying Boomer's death should serve as a "catalyst for meaningful change" by the commission, the Police Department, the community and stakeholders as the city refines its pursuit policy. Gov. Gavin Newsom has urged Oakland to ease its policy to allow its officers to chase suspects in more circumstances. CHP officers have wider latitude in chasing suspects.

According to a statement from Michelle D. Bernard, president and CEO of the Bernard Center for Women, Politics & Public Policy, who described herself as the official spokesperson for the Boomer family and his girlfriend, Boomer's family is "grief-stricken over the devastating and senseless loss."

Bernard said that Boomer pushed his girlfriend out of the way, as the Infiniti was barreling toward them, saving her life. 

"It is clear that Marvin’s actions spared her from also being killed," Bernard said in a statement.

Boomer's sister and girlfriend, who did not identify herself by name, also issued statements on Monday, asking for privacy. 

"Marvin gave his life to save mine," his girlfriend wrote. "I’m still here because of him. But I lost the love of my life. I am living with unimaginable pain—physical and emotional. Let Marvin’s legacy be honored with truth, dignity, and care."

OaklandPolice ChasesCrime and Public Safety