Pedestrian dead, 2 others injured after CHP pursuit in Oakland: police

OAKLAND, Calif. - A pedestrian was killed and at least two others were injured following a California Highway Patrol pursuit in Oakland, police and a witness said, adding that the suspect involved was arrested.

CHP Officer Andrew Barclay said one of his agency's units was trying to stop the driver of a stolen car. 

What we know:

Oakland police said the CHP was pursuing a car in Oakland on Wednesday at about 7:45 p.m. near East 21st Street and Park Boulevard. But the suspect, driving a stolen Infiniti G35, crashed into a woman driving a Toyota Sienna minivan, and CHP officers called off the chase. A CHP plane, however, continued monitoring the Infiniti as the driver took off.

Police said the suspect continued to drive recklessly without any officers behind him and crashed at East 21st Street and 12th Avenue.

That's where the driver lost control and struck two people – a man and a woman, both in their 40s – on the sidewalk, police said. KTVU has learned CHP officers chased down and arrested the suspect, Eric Hernandez Garcia, 18. He was booked on suspicion of vehicular manslaughter, hit-and-run and evading arrest.

The driver also struck a parked car, a tree and a fire hydrant, sending water spewing into the air. 

The man on the sidewalk was pronounced dead at the scene.

The woman on the sidewalk was taken to the hospital and is expected to survive.

"Was it worth it to catch that car thief? I don't think so. I think that's just horrible," said Michael Eastwood, who lives at the corner where the man died. 

Eastwood said he's concerned Gov. Gavin Newsom wants Oakland police to relax their pursuit policies so that officers can chase under more circumstances.

"Sounds like they want Oakland to do the same thing their CHP officers did last night that resulted in the death of this man," Eastwood said.

William Duarte said his wife and a friend of hers were inside the minivan that was hit in the first crash.

Duarte said his wife suffered injuries to her leg and neck, and she told him that she heard sirens at the time, indicating the pursuit was active. Her friend declined medical treatment. 

He told KTVU that he was frustrated his wife was hurt, and an innocent person had died.

"Oh my God," Duarte said in a phone interview. "This is very shocking." 

He added that he understands police have a job to do, but "when you're chasing somebody, you have to plan ahead, because you don't know their actions."  

What we don't know:

Authorities have yet to release the identity of the pedestrians.

Police said the CHP is investigating the pursuit and OPD is investigating the death.

Big picture view:

The issue of police chases is a controversial one.

Many in law enforcement, including the governor, say officers need as many tools as they can to go after people who commit crimes.

Others argue that it's not worth killing or injuring people – especially innocent bystanders – during the pursuit. 

The California Highway Patrol has looser rules on chasing suspects than Oakland police do.

The CHP can pursue suspects for such crimes as car theft. But Oakland police can only pursue suspects if there is reasonable suspicion to believe that someone committed a violent crime or has a gun.

Recently, the Oakland police chief asked the police commission to loosen one particular aspect of city chase rules, where an officer would no longer have to request permission from a supervisor to drive faster than 50 mph. 

Earlier this month, the 9th Circuit Court of Appeals ruled that Oakland police can be held responsible when bystanders are injured, or killed, during reckless pursuits.

The ruling was a victory for the family of Lolomanaia "Lolo" Soakai, who was killed in a freak accident in June 2022, when a motorcycle landed on top of him following an authorized Oakland police chase of another suspect while he was out with his mother at a taco truck. 

Oakland City Councilmember Charlene Wang said the city is still working to refine its pursuit policy. 

"We have to be thoughtful, and that's probably why we did have a police chase policy in part, because there have been innocent bystanders that have been killed," Wang said.

 Anyone with information is asked to contact the OPD Traffic Section at (510)777-8570. If anyone has videos, please send them to cidvideos@oaklandca.gov

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