HAYWARD -- A 19-year-old passenger in a car who was killed by Hayward police during a chase Sunday was an unintended victim as officers fired at the driver, a police spokesman said Tuesday, and authorities will seek homicide charges against the man behind the wheel.
"In this incident, the driver is the sole suspect in the assault against the officer with the civilian riding along," said Hayward police Sgt. Eric Krimm. "The officers did not intend to shoot the passenger. It was due to the dynamics of motion and time that it occurred."
The man's name has not been released, pending notification of family. He was one of four people fatally shot by police in less than 27 hours over the weekend in separate incidents
In Hayward, Krimm said the passenger's death was "tragic."
"Our policy does not prohibit shooting at a vehicle. In any shooting, officers have to consider and be aware of their backdrop and the potential injury to people who are not the intended target. It's tragic that he was shot in this incident because there was no intent to harm him," Krimm said. "At this point in the investigation, we have not found anything that we would have arrested him for."
The driver, identified as Arthur Pakman, 23, of Oakley, was
An officer fired on the Honda, hitting the passenger. During a subsequent pursuit, the Honda crashed at D Street and Foothill Boulevard.
Police had been looking into whether the wreck played a role in the victim's death, but an autopsy Tuesday showed the man died from a gunshot wound.
"The victim was struck twice by bullets, one of them which proved to be fatal," Krimm said.
Krimm said authorities would seek homicide charges against the driver, but Pakman has yet to be formally charged. He was arrested on suspicion of felony murder and aggravated assault with a deadly weapon.
Pakman was to be arraigned Tuesday at the Hayward Hall of Justice, but that hearing was postponed so Pakman could be transported to the Contra Costa County Jail, where he will be held without bail for a parole violation, a prosecutor said.
Pakman's Hayward-based attorney, Frederick Remer, said the violation stemmed from a 2010 driving under the influence conviction.
Remer said his client was on his way to visit his girlfriend in Richmond on the morning of the incident and did not intend to strike the police car.
Remer said his client is a former Marine who was recently discharged from service and that he was trying to drive around the cop car to avoid being pulled over.
"He was a young kid, trying to flee cops," Remer said. "He didn't present a clear and present danger to any person."
The rash of Bay Area police shootings came just days after two Santa Cruz police officers were ambushed and fatally shot by a man they were attempting to question.
In the Union City incident, two officers shot Smith after they said he pulled a gun from the waistband of his pants and pointed it at them. Police said the officer had tried to pull over the suspect about 10 p.m. Saturday on Dyer Street south of Meteor Drive.
Also Saturday, Daly City police shot and killed Aaron Sawyer, 23, after a car chase that ended in San Francisco about 12:30 a.m. Police said the driver, later identified as Sawyer, brandished a hand gun at officers multiple times during the pursuit.
The fourth shooting occurred about 2:30 p.m. Saturday, when a man was fatally shot by two San Jose veteran officers after leading police on a high-speed pursuit. He was identified Tuesday as 28-year-old San Jose resident Ronald Aduddell.
Police say Aduddell pointed a gun multiple times at officers during a 30-minute pursuit which began near Union and Bascom avenues and ended in South San Jose. Police have not yet located the gun.
Contact Natalie Neysa Alund at 510-293-2469. Follow her at Twitter.com/natalealund.