Rains Lucia Stern St. Phalle & Silver

California's premier full-service law firm with an emphasis on the representation of peace officers in disciplinary, criminal, labor, workers' compensation, personal injury and other civil matters.

  • About Us
  • Practice Areas
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      • Example of Case Results
    • Workers’ Compensation
    • Maritime Law
    • Estate Planning
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    • Bulletins
    • RLS in the News
  • Resources
    • Links
    • Resources
    • Newsletters
  • Clients
  • Career Opportunities
  • Contact Us
  • Disclaimer

Berkeley cop is charged in shooting

September 15, 2006 by David Shirley

From: Oakland Tribune

Kristin Bender

9/15/06

A Berkeley police officer — the third this year to be probed for misconduct — has been charged with a felony for firing several shots into the air to scare off a would-be prowler at his San Francisco home, his attorney confirmed Thursday.

Sean Derry, 29, was charged last month by the San Francisco District Attorney’s Office with illegally firing a weapon in an inhabited dwelling.

Derry, who joined the force in June 2004, was at home drinking alcohol on Aug. 12 when he heard someone — possibly a homeless person — trying to get into the front gate of his home, said Derry’s attorney Harry Stern of Rains, Lucia & Wilkinson in Pleasant Hill.

Derry used his department-issued weapon to fire “several shots” into the air, Stern said.

No one was hit or injured, Stern said.

Berkeley police spokesman Ed Galvan on Thursday confirmed that an officer has been on paid administrative leave since Aug. 13, pending the outcome of a criminal case and an internal affairs probe.

Galvan would not confirm the officer’s name or offer any other details.

Derry was arrested at his home, cited and released. A spokeswoman for the district attorney’s office said Derry is scheduled to be in court for a preliminary hearing Thursday but Stern said that hearing will likely be continued.

This is the third time this year a Berkeley police officer has been accused of a crime and been under investigation by the department’s internal affairs unit. In June, former police sergeant Cary Kent, an 18-year Berkeley police veteran, was sentenced to one year in an electronic home detention program and probation for stealing heroin and methamphetamine from the department’s evidence locker. Another officer is also currently on leave while accusations of theft are investigated.

Stern called Derry “an outstanding member of the department” and said the criminal charge — discharging a firearm in an inhabited dwelling — does not fit the offense.

It is not clear where Derry was standing when he fired his gun. Sources claim he fired from his house out an open window, but Stern declined to specify.

“He heard a prowler trying to enter his property,” Stern said. “Officer Derry wound up firing several shots into the air. The shots weren’t aimed at anyone, didn’t strike anyone or anything, and I am confident that all the facts and circumstances will come to light.”

The news of Derry’s charge comes just a month after police confirmed that another officer, age 30, is under investigation by the department’s internal affairs division and the United States Department of Justice for taking money, evidence, or both, from a detainee and not returning it.

The Oakland Tribune is not naming that officer, who was hired in 2003, because he has not been arrested or charged with a crime.

The Alameda County District Attorney’s Office has not filed charges against that officer, but he has been on administrative leave since August pending the outcome of the internal investigation.

Both incidents come in the wake of an internal and criminal probe of former police sergeant Kent, who admitted earlier this year to tampering with 286 evidence envelopes while in charge of the drug evidence locker.

Kent later pleaded guilty to one count each of possessing heroin and methamphetamine and was sentenced to one year in an electronic home detention program and five years probation.

Kent retired in March rather than cooperate with the department’s internal affairs probe. He is currently in a drug treatment program.

Filed Under: RLS In The News Tagged With: harry-s-stern

Consultation Form

Offices across California to serve you.
Contact us now to schedule a consultation.
Contact form not loading? Click here!
Rains Lucia Stern St. Phalle & Silver, PC publishes this website as a service to our clients and other friends for informational purposes only. It is not intended to be used as a substitute for specific legal advice or opinions, and the transmission of information through this website is not intended to create an attorney-client relationship between sender and receiver. Internet subscribers and online readers should not act upon this information without seeking professional counsel.

© 2023 Rains Lucia Stern St. Phalle & Silver, PC. All Rights Reserved. | Disclaimer

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
Do not sell my personal information.
Cookie settingsACCEPTREJECT
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT
  • Contact Us

  • News Alerts

Official logo for Rains Lucia Stern St. Phalle & Silver
Rains Lucia Stern St. Phalle & Silver Logo
  • About Us
  • Practice Areas
    ▼
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      ▼
      • Example of Case Results
    • Workers’ Compensation
    • Maritime Law
    • Estate Planning
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    ▼
    • Bulletins
    • RLS in the News
  • Resources
    ▼
    • Links
    • Resources
    • Newsletters
  • Clients
  • Career Opportunities
  • Contact Us
  • Disclaimer
Hotline phone numbers. Northern California: 925-609-1699. Southern California: 310-393-1486.