The two men accused in the killing of a TV news security guard in Oakland were in court Tuesday, no longer facing life in prison without parole after the Alameda County District Attorney's Office reduced the charges.
The decision to remove special circumstances charges in the slaying of retired police officer Kevin Nishita in Oakland is one of the main reasons why community groups and victims' advocates are pushing to recall DA Pamela Price.
"What would Kevin want? He would want justice," Virginia Nishita, Kevin Nishita's widow, said. "He would want them to be life without no parole."
Price decided to drop special circumstances charges of murder during the commission of a robbery against suspects Shadihia Mitchell and Herschel Hale, who prosecutors say shot and killed Kevin Nishita in Oakland in November 2021. Without the special circumstances charges, they now face 25 years to life, with the possibility of getting out on parole.
According to the Mercury News, the reduced charges decision might mean the district attorney believes it wasn’t Mitchell who actually pulled the trigger, but rather Laron Gilbert, who is still a fugitive wanted in connection with the crime.
Hale’s attorney, Linda Fullerton, argues her client isn't responsible for Nishita’s death.
"He has never been accused of having a gun, he has never been accused of shooting anybody and he has never been accused ever in his life of an act of violence with a gun," Fullerton said. "He was not an active participant in this event."
An attorney for Mitchell said the same thing about his client.
The Nishita family has been critical of Price in recent months, arguing that there are other enhancements she could and should file in the case to ensure the longest possible sentence, if the two men are convicted.
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"Pamela Price can say whatever she wants to say, but we will see what happens in court," Virginia Nishita said.
On Monday night, dozens of Alameda County residents met in a town hall organized by the grassroots public safety group SAFE, or Save Alameda County For Everyone, which is trying to recall Price, saying the DA is soft on crime.
"This is exactly what we’re talking about. You got to be held accountable for your actions," SAFE organizer Brenda Grisham said after the charges were reduced. "We’re not talking about lock em’ up and throw away the key, but they have got to be held accountable."
Price released a statement defending her decision to drop the enhancements.
"We believe there is evidence to prove guilt beyond a reasonable doubt to charge both defendants, Shadihia Mitchell and Hershel Hale, each with one count of first-degree murder, which carries with it 25 years to life sentences, as well as arming enhancements," Price said. "These are very serious charges, and they reflect my office’s commitment to punishing those who come to Alameda County to inflict harm on people in our community."
Those trying to recall Price feel confident they will exceed the 93,000 signatures needed after Jan. 1 to get the recall on the ballot.
Meanwhile, Virginia Nishita said she is not giving up hope for justice.
"I will continue to come to court as hard as this is for me to relive this trauma and this tragedy," she said. "I don’t want to cry because I don’t want sympathy. I want the public to know the truth."
