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OAKLAND, Calif. (KGO) — The Alameda County District Attorney’s office announced on Friday that it secured a rare first-degree murder plea in the shooting death former San Jose police officer Kevin Nishita.
“I know he is proud of me and his family,” says Virgina Nishita, the widow of Kevin Nishita.
For more than four years, she has been fighting to get justice for the murder of her husband.
Kevin Nishita was killed in 2021 while on assignment as a security guard for KRON4 News.
VIDEO: TV news guard fatally shot in Oakland remembered as ‘caring, courageous’ at memorial
“We will forever love you.” Family, friends and fellow officers remembered Kevin Nishita as a “caring and courageous” person that always had a joyful spirit.
“I was on the bench for 11 years before I was in this position. And I don’t remember a first-degree murder that somebody admitted to,” explains Alameda County District Attorney Ursula Jones Dickson. “We have had second-degree murder pleas. But a first-degree murder is something outside the pale of normal.”
Jones Dickson says the pleas were reached based on the strength of the evidence in this case.
“These three individuals were driving in a car without the proper license plates. They were masked up. There were no eyewitness identifications on the scene,” says Allyson Donovan, Alameda County Deputy District Attorney. “So what we mean by a circumstantial evidence was that the case was built not on direct eyewitness testimony, but more on the hard work investigation.”
Donovan says Oakland police wrote more than 120 warrants. The U.S. Marshalls was involved. Cellphone evidence was also key.
RELATED: Former colleague remembers TV news security guard killed in armed robbery attempt in Oakland
Donovan says the plea deals means the three alleged San Francisco gang members won’t be charged with all the crimes they were facing. At one point, all three mean, Laron Gilbert, 31, Shadihia Mitchell, 29, and Hershel Hale, 28, were each facing more than 100 years behind bars.
“Laron Gilbert has accepted a deal of 30 years to life in the state prison. He plead to a first-degree murder. As well as some gun enhancements to get him to get to the 30-to-life,” says Donovan. “Mr. Mitchell and Mr. Hale plead guilty to robbery and gang enhancements. As well as a use enhancement. And they will be serving 25 years in custody.”
Virginia Nishita suggested she wanted a sentence of life without parole but stands by the plea deals based on current California law.
“I am numb with exhaustion. I have been faithfully in these courtrooms for four years, waiting for this day to come. And here it is. And on sentencing day, will be a step closer to where this nightmare can be over,” says NIshita.
The three men are set to be sentenced on April 7.
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