Burglary Suspect Fatally Shot by Police Was Not on Drugs or Alcohol

More than five months after a San Jose man was fatally shot by a police officer during an alleged burglary at a Pleasanton auto dealership, toxicology results from the Alameda County Coroner’s Office show John Deming Jr. did not have any drugs or alcohol in his system during his deadly altercation with police.

According to the coroner’s report, the 19-year-old man’s blood was tested for alcohol, synthetic cannabinoids, and psychedelics as well bath salts and other drugs.

Police said during the early morning hours on July 5, 2015, Deming, who was found inside the building, was acting threateningly and erratically when he threw a 50-pound floor jack out through the window of Specialty Sales Classics located at 4321 First St. The jack landed on the sidewalk near officers. Officials said Deming refused police commands to leave as he jumped from the tops of many cars inside the dealership while screaming. Officers fired at him with beanbag rounds but missed.

In a previous Patch article, Lt. Jeff Bretzing said Deming evaded a police service dog and escaped by running through the broken window and past Officer Daniel Kunkel, who had been posted to the rear of the business.

Shortly after fleeing the business, police said Deming fought with Kunkel, an 8-year veteran officer, knocking the officer to the ground and punching him repeatedly in the head. During the struggle, Kunkle reportedly shot Deming. According to police, after hearing the shots fired, officers found Kunkel on the ground behind the business and unresponsive with Deming next to him. Dispatch records indicate that only 22 seconds passed between officers entering the business and Deming being shot.

Full story:

• Listen to 911 Tape: Officer Involved in Fatal Shooting Was Knocked Out

Ben Meiselas, an attorney with celebrity lawyer Mark Geragos’ firm representing the Deming family, called the results “revealing.”

“John Deming was not on drugs or alcohol, which is what we have been saying from day one,” Meiselas told Patch. “More interesting in the autopsy findings is the lack of gunpowder or tattooing, which is important because it shows Deming was not shot at close range as claimed by the police department. Everything that the Pleasanton Police Department has said so far is untrue. ”

According to Meiselas, Deming, who was unarmed during the incident did not have a history of mental illness. Deming had no prior criminal record.

An autopsy conducted by independent pathologist Cyril Wecht, who has investigated many high-profile cases, found that the bullets fired by Kunkel “were at distances significantly at odds with the Pleasanton Police Department’s description of the incident, as PPD falsely described a close-range shot in connection with a physical altercation.”

In August Deming’s parents filed a claim against police accusing them of making false statements about the incident and murdering their son. Kunkel, who was treated and released for the injuries he suffered during the incident, was placed on paid administrative leave immediately after the shooting.

Bretzing declined to comment on the case.

“At this time, our Department has no comment with respect to this investigation,” Bretzing said. “The Alameda County District Attorney’s Office has not completed their investigation on this matter. Until such time as the District Attorney’s Office finishes their investigation and releases their report, it would be inappropriate, and unfair to all parties involved, to comment further.”

Officials with the Alameda County District Attorney’s Office says the case is still under investigation.

“The next step for the Deming family is to file the civil lawsuit,” Meiselas said.

Previous coverage:

• Parents of Teen Killed During Altercation with Pleasanton Police File Wrongful Death Claim
• Man Shot, Killed by Pleasanton Police Identified as Reserve Police Officer’s Son
• Burglary Suspect Fatally Shot by Pleasanton Police Was San Jose Man
• Fatal Officer-Involved Shooting Closes Portions of First Street in Pleasanton
• Police: Officer Involved in Fatal Shooting Sunday Found Unresponsive After Shooting

Bay City News contributed to this report.

Photo courtesy Jordan Ginn