Ex-Richmond officer wins police brutality case: DA dismisses charges after 11-1 jury vote

RICHMOND — A former Richmond police officer who came within one juror of being acquitted has now officially emerged victorious after Contra Costa prosecutors dismissed assault charges against him on Monday.

Eric Smith Jr., who was fired from the Richmond Police Department over the same incident, was nearly acquitted at trial of illegally striking a man dozens of times with his stun gun during a 2022 car chase arrest. On Monday, prosecutors dismissed the case, and an office spokesman released a statement citing the jury’s failure to reach a verdict.

Eleven of 12 jurors voted to acquit Smith, attorneys on both sides of the case confirmed.

“I appreciate the prosecution’s thoughtful review of the case, post-trial,” Smith’s attorney, Harry Stern, said in a written statement. “The dismissal allows Eric to continue on with his otherwise exemplary and productive life.”

Despite Smith’s termination from the department, he still has the backing of the city’s police union, which publicly accused prosecutors of coming to a predetermined conclusion and attempting to railroad Smith.

Video of the incident shows Smith use his stun gun to shock the man, then jump on him. Smith kicks the man while he’s on the ground, then strikes him with his Taser dozens of times, the footage shows.The beating occurred around 1 a.m. on April 9, 2022 on San Pablo Avenue in San Pablo.

Smith, a Brentwood native, previously worked for the San Francisco Sheriff’s Office and the Pittsburg Police Department, as well as served a prior brief stint with RPD, according to state payroll records. In June 2021, the city of Richmond released a short biographical video about Smith in which he called law enforcement “my calling” and said his goal was to “be on the street where I can reach people and prevent them from getting to the county jail.”

The Contra Costa District Attorney’s office employed Chris Walpole, a onetime high-ranking prosecutor who still does work for the office despite moving to the East Coast nearly five years ago, to prosecute the case.