Title
Consider Directing Staff to Draft a Letter on Behalf of the City Council to the Alameda County District Attorney in Support of the Police Chief/Police Department Request to Add Special Circumstances Against Shane Killian. (Councilmember Herrera Spencer)
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COUNCIL REFERRAL FORM
The Council can take any of the following actions:
1) Take no action.
2) Refer the matter to staff to schedule as a future City Council agenda item. Concurrence that staff time will be devoted to the item does not signify approval.
3) Take dispositive action only on time sensitive legislative matters if sufficiently noticed such that the public and Council have been provided sufficient information by the published agenda, and no formal published notice of a public hearing is required.
Name of Councilmember(s) requesting referral: Trish Herrera Spencer
Date of submission to City Clerk (must be submitted before 5:00 p.m. on the Monday two weeks before the Council meeting requested): July 18, 2024
Council Meeting date: September 3, 2024
Brief description of the subject to be printed on the agenda, sufficient to inform the City Council and public of the nature of the referral:
Request City Council direct City Manager's office or appropriate staff to draft a letter on behalf of City Council to Alameda County District Attorney in support of Police Chief Joshi's/Alameda Police Department's request to add/impose special circumstances where appropriate against Shane Killian and that such direction be given by Council at the September 3, 2024 Council meeting or as soon as possible.
See article, "Alameda police chief urges tougher charges in family massacre," July 17, 2024. <https://www.ktvu.com/news/alameda-top-cop-bristles-das-charging-decision-family-slayings>
Excerpts from the article include:
"The person who did this should be held accountable," Joshi said.
"I've been a police officer for 26 years. I've seen a lot in my career. This is for sure, if not the most shocking, one of the most shocking incidents that I've ever experienced," the chief said.
Shane Killian, 54, is in custody, accused of killing his family at their Kitty Hawk Road home in Alameda's South Shore on July 10.
The victims were his wife, Brenda Natali Morales, 36; her parents, Miguel Carcamo, 70, and Marta Elena Morales, 56; his 6-year-old son, William; and 14-month-old son, Wesley.
Killian has been charged with five counts of murder and additional enhancements. However, Joshi is troubled that Alameda County prosecutors, under District Attorney Pamela Price, did not add the multiple murder special circumstance, which would eliminate the possibility of parole if Killian is found guilty.
"I don't understand that," Joshi questioned. "What are we doing here? Why is this not a special circumstances case?"
Joshi reached out to Price and received a response on Wednesday sticking with her decision against imposing the special circumstance.
Price was not available for comments, but her office said that Killian could face up to 246 years to life in prison. Joshi remains skeptical.
"I also know from being in this business long enough, that there's also a potential that this person could get out after serving a certain number of years," Joshi said.
Previously, Price’s predecessors would typically apply the multiple-murder special circumstance for multiple killings.
"I don't think that a person who has murdered a grandfather, a grandmother, a mother, and two children should be able to get out," the chief said.
He said ultimately he wants justice.
The City Council approved a Strategic Plan on November 21, 2023, which established the following 5 priorities:
A. Enhance Community Safety & Services
B. Build Resilience to Climate Change & Water Level Rise
C. Invest in Transportation, Infrastructure, Economic Opportunities & Historic Resources
D. House All Alamedans & End Homelessness
E. Practice Fiscal Responsible, Equitable & Inclusive Governance
If applicable, briefly describe which Council priority the subject falls under and how it relates:
A. Enhance Community Safety. As Police Chief Joshi describes in above article, it is critical that this person (accused Shane Killian) be held accountable and adding special circumstance would eliminate the possibility of parole if Killian is found guilty.