Case Dismissed Against Marin City Man Who Was Shot By Deputy

By Bay City News Service:

The Marin County District Attorney’s Office has decided not to prosecute a Marin City man who was shot by a county sheriff’s deputy during a traffic stop last year.

Chaka Grayson, 45, faced a trial in Marin County Superior Court later this month on misdemeanor charges of resisting, delaying and obstructing a police officer, failing to comply with a lawful order of a peace officer and driving with a suspended or revoked license.

Grayson was shot three times by Marin County sheriff’s deputy Evan Kubota during a traffic stop on Terners Drive in Marin City on July 7, 2013.

The Marin County Sheriff’s Office said Kubota recognized Grayson driving in his gold Buick and knew his license was suspended. When Kubota walked toward Grayson’s car, Grayson accelerated toward Kubota who then fired several rounds, striking Grayson three times, according to the sheriff’s office.

The sheriff’s office said Kubota saw Grayson duck down in his car and believed his life might be in danger.

Grayson was booked into Marin County jail on a parole hold pending the filing of charges against him in the shooting incident, which angered the Marin City community. The Marin County District Attorney’s Office later lifted the parole hold and Grayson was released.

In December 2013, District Attorney Ed Berberian said his office would not charge Grayson with assault with a deadly weapon - the weapon being Grayson’s car - but would charge him with the misdemeanor offenses. The trial was scheduled for Oct. 20.

Berberian also said at that time that Kubota did not commit a criminal violation of the law in discharging his weapon.

Berberian said “new information” came to his attention and he decided the prosecution could not prove the misdemeanor allegations beyond a reasonable doubt. Marin County Superior Court Judge Terrence Boren dismissed the case against Grayson Wednesday afternoon.

Kubota was “separated” from his employment from the sheriff’s office on Aug. 27, 2013, according to the Marin County Human Resources Department.

Grayson’s attorney Michael Coffino said Grayson and his family are happy with Berberian’s decision not to prosecute.

“This was a problematic case from the very start and it became even more obvious,” Coffino said.

Kubota fired 16 rounds, 13 of them out into the community and into Grayson’s vehicle, Coffino said.

“The charges require the prosecution to prove the officer acted within the scope of his duties. Use of excessive force is not within the scope of duty,” Coffino said.

Grayson has filed a civil suit against the county.

(Image via Shutterstock)