A man with four felony drunken driving convictions has been charged with murder for an incident in Hayward last month in which he allegedly rammed a police cruiser and an officer who fired at the man’s car killed his passenger. Arthur Pakman, 22, of Oakley, also is accused of two counts of assault with a deadly weapon, driving under the influence of alcohol and a clause alleging that he drove while his blood-alcohol content was 0.15 percent or more, well above the 0.08 percent level at which people are considered too drunk to drive.
In addition, the Alameda County District Attorney’s Office alleges that Pakman has four drunken driving convictions in Contra Costa County, one in 2010 and three in 2008. Those prior convictions could increase his state prison sentence if he’s convicted. Hayward police said that at about 3:30 a.m. on March 3, a patrol officer and a civilian ride-along passenger followed a vehicle driving erratically on Foothill Boulevard. The driver, who was later identified as Pakman, drove into the driveway of a business and stopped the vehicle, police said. There also was a passenger who was later identified as 19-year-old Shawn Joseph Jetmore Stoddard-Nunez, who was a friend of Pakman. When the officer got out of the patrol car, Pakman allegedly drove directly at the police vehicle in an apparent attempt to ram it, police said.
The officer fired several shots at the oncoming vehicle, which crashed into the patrol car door and caused a minor injury to Stoddard-Nunez, according to police. Pakman then sped onto Foothill Boulevard, where additional responding officers saw him lose control of his vehicle and crash into a sign near Fletcher Boulevard, police said. Pakman then got out of the driver’s seat and ran a short distance before collapsing from injuries sustained in the crash, police said. Stoddard-Nunez suffered at least one gunshot wound and died at the scene, police said.
Prosecutors charged Pakman with murder under the provocative act doctrine, which holds that a suspect can be charged with murder if they engage in reckless or dangerous conduct that provokes a victim to shoot in self-defense, killing an innocent bystander. Pakman, who is a student according to court records, was arraigned in Alameda County Superior Court in Hayward on Wednesday and is scheduled to return to court next Wednesday to enter a plea.
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