Danville Costco Footage Shows 'Both Men Could Have Walked Away': DA

DANVILLE, CA — The Contra Costa District Attorney’s Office said that it did not file charges related to a fight that broke out last week in the parking lot of the Danville Costco because “there wasn’t enough evidence to bring prosecution on this case where we were reasonably certain that we could win beyond a reasonable doubt.”

Ted Asregadoo, a spokesperson for the DA’s Office, told Patch that newly-released video footage shows that there were several times when both parties involved could have walked away from the situation to avoid a fight. Contrarily, Danville resident Craig Blackburn, who was hospitalized following the fight, told various media outlets that the fight was unprovoked.

Blackburn told Patch he is now declining to comment on the advice of his attorneys.

“When we reviewed all that evidence that the second individual, the one Mr. Blackburn was requesting prosecution against, there were so many self-defense claims that could have been made reviewing that video, so had it gone to trial, the likelihood of prevailing in court was pretty low,” Asregadoo told Patch, noting that it wouldn’t likely get past a preliminary hearing, and a judge could potentially criticize the office for putting forth a case that was not going to succeed.

“Based on the footage, there were numerous occasions where both individuals could have walked away from that situation,” he said.

Deputy District Attorney Adam Wilks also said at a news conference Thursday that the actions of both parties leading up to the fight could “plainly be construed as incitements to violence,” according to a KTVU report.

The incident in question took place on the morning of Sunday, May 7 in the parking lot of Costco on Fostoria Way in Danville. One video shows a white Toyota Corolla waiting for a spot for a few minutes. At the midpoint of the video, Blackburn approaches the car after putting his shopping cart away. The driver gets out of the car, and the men get in each other's faces, but it is unclear whether there was any physical violence. Blackburn then walks away, but returns two times to say more to the driver, and at one point appears to close the door repeatedly as the driver tries to exit. The second time he approaches the car, the driver gets out and says something, but then closes the door again, and drives away.

Blackburn told KTVU last week that the man in the Corolla was waiting for his spot, and hurled insults in his direction.

The second video, taken six minutes later, shows one car pulling up very close to another. The driver of a dark car latches onto a white car, and for a few seconds appears to be dragged by it. The white car then stops, the driver jumps out, and a physical brawl ensues. Both men are on the ground, and at one point, the second man gets on top of Blackburn and appears to punch him in the face for a while, before passersby eventually intervene and break it up.

Asregadoo said that Blackburn could have exited the Costco without running into the second man, but chose to drive in the direction of the man with whom he’d argued earlier.

“Blackburn sort of loops around the parking lot and comes back towards where this person’s walking toward the store,” he said. “Clearly the second individual made sort of a beeline toward Blackburn’s vehicle. More words were exchanged, an object was thrown from Blackburn’s vehicle at the second person, and then Mr. Blackburn quickly accelerated his car, kind of carrying the second person briefly, and then slams on the brakes. At that point, Mr. Blackburn exits the vehicle, and you can tell they’re both in a fighting stance. It’s difficult to tell from the video who throws the first punch…it seems simultaneous.”

Danville police were called, and both men gave statements to the police, Asregadoo said. Blackburn, who has requested the DA file felony assault charges, told KTVU that the driver came back to find him as he was getting ready to leave, reached into his car, grabbed his sunglasses, and threw them on the ground.

“So I got out of the car and I didn’t have a chance to do anything. He just attacked me," he said. He was hospitalized for six hours, and told KRON-4 that he suffers from facial damage, and pain in his knee and shoulder.

It is unknown if the other man was hospitalized, Asregadoo said.