Family sues as new video captures deadly shooting by Danville police

DANVILLE,Calif. - The family of a mentally ill, homeless man who was shot and killed by a Danville police officer last month has filed a federal lawsuit as new witness video emerged of the deadly shooting.

Video shows Officer Andrew Hall shooting Tyrell Wilson on Sycamore Valley Road near Camino Ramon on March 11. The recording was taken by someone in a nearby car at the intersection and Wilson's family says it serves as proof that the shooting was unprovoked.

Wilson died days later, but an onlooker in the car reacted in shock right after it happened.

New cell-phone video shows officer fatally shooting Tyrell Wilson in Danville

"Oh my God! What the f—," a man can be heard saying in the video. "Dude! This dude just got shot and killed, bro!"

When asked what should happen to Officer Hall, who was involved in a previous deadly shooting in 2018, civil rights attorney John Burris said, "More than his job, terminated for murder and charged with murder!"

He was flanked by Wilson's parents, Diana and Marvin Wilson, at the Danville Park and Ride, a few yards from where their son was shot.
Diana Wilson said through tears, "I don't know how this is going to stop, but something needs to be done so we don't keep killing our Black and brown men."

Another attorney for the family, Ben Nisenbaum said, "Was there any rational justification for it? None whatsoever. What does that add up to? That's a formula for murder."

Authorities said police had suspected Tyrell Wilson of throwing rocks at cars on Interstate 680. They said Wilson advanced at the officer with a folding knife and was shot after he ignored commands to drop it. 

Michael Rains, an attorney for the officer, said Hall was a threat.

"It doesn't show the advancing of Mr. Wilson toward the officer before the shot was fired," Rains said. "That's the misleading nature of that video.

Rains said the video also didn't capture audio of the confrontation, during which Wilson repeatedly refused to drop the knife.

But attorneys for the family disagree.

"What has Tyrell done? Face the officer, his hands are down to the side. They're not up, they're not threatening. How can you possibly shoot his man?" Nisenbaum asked.

Nisenbaum said the knife itself was not a threat.

"It's not a big knife, but more importantly, he wasn't aggressive with it," Nisenbaum said.

The family filed a federal wrongful death lawsuit Monday against Danville, Chief Allan Shields and Officer Hall. A town of Danville spokesman referred questions to the Contra Costa County sheriff's office, which provides law enforcement to Danville. Sheriff's spokesman Jimmy Lee declined to comment.

The same officer shot and killed Laudemer Arboleda in Danville in 2018. Arboleda was being chased by other officers when Hall got out of his patrol car as the chase neared him. Hall fired shots as Arboleda's car was passing him. Burris, who also represents Arboleda's family, said Hall created the deadly situation.

Wilson's father said the officer's involvement in two deadly shootings is problematic. 

"For this officer or deputy to do that, he needs to be taken off the street," he said.