Contra Costa County – Today, the District Attorney’s Office dismissed all charges against former Richmond Police Officer Eric Smith, Jr. during a brief court appearance. The dismissal comes in the aftermath of a three-week trial where 11 of 12 jurors voted to acquit Smith, resulting in a mistrial. Smith stood accused of felony assault with a deadly weapon and a sentencing enhancement for causing great bodily injury.
Rains Lucia Stern St. Phalle & Silver, PC managing principal Harry S. Stern represented Smith at trial.
The case arose from an April 9, 2022 confrontation after a car chase. Officer Smith spotted Saul Mendoza driving erratically and radioed that he believed he was stashing a gun under his seat. Smith found Mendoza a few minutes later in San Pablo, where Mendoza had crashed his car into the side of a business. When Smith tried to arrest Mendoza, he ran and the two struggled. Smith struck Mendoza with his taser to attempt to subdue him.
Smith’s attorney Harry Stern of Rains Lucia Stern St. Phalle & Silver, PC praised the jury for their diligence and attention to detail, “It’s really hard to get 12 people to come to a unanimous verdict. The fact that 11 out of 12 jurors found Eric not guilty is extremely gratifying. He was an excellent witness and clearly explained why he was forced to protect himself in this dangerous situation,” Stern said after the dismissal was announced. Stern was pleased with the District Attorney’s decision. “I appreciate the prosecution’s thoughtful review of the case, post-trial. The dismissal allows Eric to continue on with his otherwise exemplary and productive life.”
Rains Lucia Stern St. Phalle & Silver, PC (“RLS”) provides legal representation for members of over 475 labor unions in California. RLS is a full-service law firm with an emphasis on the representation of public safety employees in disciplinary, criminal, labor, workers’ compensation, personal injury and other civil matters.
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