DA will not file charges after man says he was brutally attacked in Danville Costco

DANVILLE, Calif. - The Contra Costa County District Attorney on Wednesday said no charges will be filed after a man said he was brutally attacked in the parking lot of a Costco in Danville.

A spokesman for the DA said prosecutors examined the video evidence from Danville police and concluded the footage does not "entirely match up" with what Craig Blackburn described happened to him on Sunday morning.

"Our attorneys have reviewed the referral from Danville Police and determined that there was insufficient evidence to file charges in this case," DA spokesman Ted Asregadoo said. 

Prosecutors on Thursday released store surveillance video of the altercation and determined that the involved parties willfully engaged in the altercation.

"Both individuals had numerous opportunities to de-escalate the situation, to leave one another's immediate presence and to otherwise remove themselves from the prospect of violence," said Deputy District Attorney Adam Wilks at an afternoon press conference.

Wilks said the actions of the two men leading up to the fight could "plainly be construed as incitements to violence."

At one point, the surveillance footage shows Blackburn pushing the car door of the other driver. Later, he can also be seen driving in the direction of the other driver's car, prosecutors said.

Blackburn was unavailable to talk about the DA's decision. Earlier in the week, he told KTVU that he was repeatedly punched in the face by another driver who wanted to get his parking spot.

Blackburn said he had just finished shopping and was loading up his car while eating a Costco hotdog when another driver waiting for his spot got impatient, hurled some insults out the window, and told him to hurry up.

"This guy sitting in a car, said a few things about my weight and eating a hotdog, and he wanted my parking spot and told me to hurry up," Blackburn said. "I told him to find another spot."

Blackburn said the driver wouldn’t move, and other drivers started honking their horns. The driver parked elsewhere, but the situation wasn't over.

"He was looking for a fight," Blackburn said.

Blackburn was treated at the scene and then taken by ambulance to the hospital.

A spokesperson for Danville authorities said officers were called about the alleged attack but no arrests have been made.

As of Thursday, Asregadoo said the DA has not yet received a referral from Danville police, and he didn't know if the other person involved in the fight has spoken to police about pressing charges.