FREMONT -- Officials have identified 48-year-old David Weatherton as the man fatally shot by his son last week in what police are calling an act of self-defense, saying the man attacked two of his children with a baseball bat covered in nails.
Police are calling Weatherton's death a justifiable homicide, saying that the son shot the father Jan. 10 to protect himself and his brother -- as the older man attacked them with the bat.
A preliminary investigation by police and the Alameda County District Attorney's Office revealed that Weatherton's 27-year-old son, who lived in the home in the 39500 block of Pardee Court, shot him one time in the chest with a handgun, killing him in self-defense during the dispute, police spokeswoman Geneva Bosques said.
"At this time (the son) is not being charged," Bosques said. "It was a family dispute between the father and two sons and two (others) were present."
Police are not releasing the identity of the son, who turned himself in about two hours after the shooting, Bosques said. Information about what led to the fight has not been released.
The dispute began when an agitated Weatherton arrived at his son's home and began calling for one of his sons as he walked to the backyard where they were gathered, Bosques said. When the brothers saw their father, he was carrying the baseball bat with nails driven into it.
It is unknown if Weatherton arrived with the weapon, or if he found it in
Despite the brothers' attempts to calm their father, Weatherton went after his 25-year-old son and then turned on his older son when he tried to intervene, Bosques said. The man fired one shot into his father's chest as he charged toward him with the weapon.
Police arrived at the home at 5:28 p.m. Jan. 10 and found the younger son, who had been struck by the bat, outside on the lawn with an unidentified female, Bosques said. The younger son was not taken to a hospital and details about his injuries were unknown. The older son had left the house with another friend before police arrived.
About two hours later, at 7:20 p.m., the older son walked into Fremont police headquarters, identified himself and surrendered the weapon he said was used in the shooting, police said. Investigators interviewed him and released him that night.
Bosques said it wasn't the first time officers had responded to incidents involving the family.
"We have had contact with the (father and son) in the past, including drug-related incidents," she said. "We do not know if drugs are a factor at this time. But the case is not closed as we are awaiting results of toxicology tests and an autopsy report," which will be available in about four weeks, Bosques said.
The man's family declined requests for comment Wednesday.
"The family is grieving," Bosques said. "It's traumatic ... they're pretty shaken by what's happened."