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DA Will Not Pursue Criminal Charges in Middleton Place Beating

The 'lack of sufficient evidence to conclude a public offense was committed' was the basis for the District Attorney's decision not to file the case, according to police.

PLEASANTON, Ca: David Lamont
PLEASANTON, Ca: David Lamont
By AUTUMN JOHNSON
Pleasanton Police, after completing their investigation of an altercation on Middleton Place last September that left one man suffering from severe head injuries, say no charges will be filed by the Alameda County District Attorney's Office.

According to a statement released by police, " The Alameda County District Attorney has chosen not to pursue criminal charges citing lack of sufficient evidence to conclude a public offense was committed."

The case has been closed and no further investigation is pending, police officials said.

"Pleasanton Police Detectives have remained well connected with the Lamont Family throughout the investigation and have continuously updated them on the status and findings. The Lamont family has requested that no further media attention be given to the case and that they not be contacted for comment as they would simply like to put the incident behind them and continue to focus on healing."

David Lamont, 51, was seriously injured after the incident involving Lamont and four others. On Sept. 21, around 12:11 a.m., police responding to a 911 hang-up call say a man, later identified as Lamont, was found unconscious laying in the street in the 4900 block of Middleton Place. 

Investigators believe the victim had gone outside to confront a loud group of teenagers in the cul-de-sac when he was attacked and badly beaten.  

In a previous Patch report, Pleasanton Police said the four other people involved in the incident have been identified and questioned but no arrest has been made. 

Craig Mullins, a friend of David Lamont's family, created a fundraising page for the Lamont family to help with the expenses associated with 51-year-old's recovery.  Over $24,275.00 in donations have been raised to date. 
In Jan. friends and family of Lamont said he was slowly improving and has hit major milestones such as relearning to swallow and walk again thanks to his rehabilitation efforts. 

[Related article: Beating Victim's Family Says He is on a 'Journey Towards Significant Recovery']

Lamont's wife, Agnes Lamont, has been by Lamont's side since the incident. Lamont has two daughters.

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ken February 08, 2014 at 11:40 AM
If this happened in Florida, he could have shot all 4 of 'em and claimed he was standing his ground, and walked away a free man
Bobby Dee February 08, 2014 at 01:07 PM
So all you keyboard vigilantes are going to assume you know more about what really happened than the police who investigated the incident? Obviously there was some culpability on both sides in this matter. Calling the teens "punks" and "thugs" makes as much sense as calling the victim in this case a "bully"...give the police and the District Attorney's Office a little credit. It's a real tragedy that someone suffered such trauma, but the situation was created, or at least exacerbated in some fashion by his actions....don't take the law into your own hands, and don't make threats on the web. And a Pleasanton Mafia?! Get real people...
Mari February 08, 2014 at 02:25 PM
Mr. Bobby Dee, thank you for your expert advice in this matter but do not assume that one is not mature to understand what and how this all came down, regardless of bully, as you mentioned, and every thing else that your mind could possibly think to justification the damages, of one man/father/husband/brother/uncle/friend will never be the same ever again for the rest of his life effecting the rest of his family for the rest of their lives so I ask does the means justify the end results? And the message to the intelligent four young boys/men is it's ok to ruin someone's life over what was said? One thing is for sure you miss the point on all points.
Steve February 08, 2014 at 03:06 PM
One of key reasons that we moved our family to Pleasanton 15 years ago is the feeling of safety and community. We were always informed and part of the community process. We have been patiently waiting for action and justice from the Police and DA regarding this horrible crime near our home. "There must be a reason they are not arresting these murderers" we said. "They are walking around free and something bad could happen again!" Now they tell us that there will be no charges filed.......what??!! There is something VERY wrong going on here. Why?? No matter what transpired that night, it is not legal to almost kill someone. I am VERY concerned about my family's safety now and want some answers from the leaders in our community. I have teenage kids; it's hard enough without these serious concerns. I don't want to lack confidence in the Police and the DA, but now I do. My prayers have gone to the Lamont family since the news of the incident, and I respect their privacy. However, we as a community deserve answers from our elected and appointed leaders (Police Chief, Mayor, and DA), and I for one will not rest until I get them. We need to hold them accountable. THIS is how we should resolve this issue, with mutual respect and REQUIRING that the truth be communicated to the community.
Bobby Dee February 08, 2014 at 03:34 PM
Mari, I'm not professing to be the expert here...you are! You said you have "followed" this case from the start? Where? On The Patch? Or perhaps you have been privy to the investigation...did you sit in on the interviews...conduct your own investigation? Probably not, right? But, based upon the injury to me of the parties, you are ready to draw a conclusion. I'm not saying the teens were justified in what they did, but it seems as if the DA and the police are! I'm not saying he deserved to get hurt or his family to be desimmated by this event, but you need to understand that if the police and DA feel there is not enough to convict, hey won't move forward. That's not saying the family can go after the teens in civil court for their actions either. I was simply pointing out your "insider opinion" since you have been "following" this case so closely might not be too accurate...:)
Bobby Dee February 08, 2014 at 03:37 PM
Oops, I meant based on the injury to ONE of the parties...not me! And don't try to say I am sticking up for the teens/young adults...I'm just saying it sounds like a lot of bad decisions were made that night. Get the facts first...then talk
Mari February 08, 2014 at 03:59 PM
Bobby Dee I could not have my feelings expressed better than the way they were expressed by Steve above than you Steve for the clarification. I too have one teen at home but have three adult children and as far as I know, they never hurt anyone I raised hem to keep the Golden Rule Alive " do onto others as you want other to do to you". Having said that, what are we teaching our future? Are we teaching them that? like our police force like our D.A. It's important to do what's right and not sweep it under the rugs, are we beast? I rest my mind and my opinion for now but one last note, just because the DA looked at this case, just because the Pleasanton police looked at this case does not mean anything to me if their conclusion is unjustifiable. I as I said from the beginning I expected more and yes I smell a Big Fish. This is my opinion and I have a right to my opinion.
Bobby Dee February 08, 2014 at 04:24 PM
I too have three children...one in college and two in highschool. They are hard working, gentle souls who, as far as I know, have never hurt anyone or created any victims. I would like to think I have a lot to do with the people they are becoming. I do not know any of the people involved in the incident, but do know the law, having worked in the field for the past twenty plus years. I know that bad things happen where no one can be held criminally accountable. People get in mutual-combat fight and get hurt. People also fall down and hit their head without anyone ever laying a finger on them during a fight...it's known as losing your balance. I'm not saying any of these things occurred, but neither do you. Hopefully the Pleasanton Police will give more information, so we can rest assured that they are competent and thorough...that is MY opinion.
Concerned Citizen February 08, 2014 at 05:21 PM
It is very obvious that a crime was committed in this case and it is ridiculous to say that a public offense was not committed. A man was severely beaten. Is that a normal public event? The district attorney and police did not do their job. What the heck?! In the old days when the public law officials could not do their job vigilante groups were formed to take care of the unfinished business. This is a sad day for Pleasanton, and the district attorney’s office should be ashamed of themselves.
Debbie Smith February 08, 2014 at 05:59 PM
Bobby Dee.......thank you!!!!!! You have restored my faith in mankind. I agree 100% with everything you have said here. If people would just use their intelligence rather than emotions when reading these articles we would be so much better off. Mari.....read between the lines of this story and ask yourself who is the Pleasanton Police Department protecting here....if you are smart enough you will figure it out. Compassion, understanding and forgiveness so much better than bitterness and hatred.
Sammy February 08, 2014 at 06:44 PM
Bobby Dee wrote:" People also fall down and hit their head without anyone ever laying a finger on them during a fight...it's known as losing your balance."....... Uh, huh. You criticize others for jumping to conclusions or professing to know what really happened, but then you throw out ridiculous suggestions such as the ones above. So you think that it's possible that Mr. Lamont just "lost his balance", do you? How then do you explain the fact that all the teens involved then fled the scene, leaving Mr. Lamont alone and on the cold pavement to be found later by his distraught wife? Does that sound like the expected response of a group of people when someone just "accidentally" loses their balance, falls down and requires medical attention? FACT: None of the teens involved attempted to render assistance to Mr. Lamont or get medical help for Mr. Lamont. FACT: Mr. Lamont was found alone on the dark pavement by his wife with no one around. I'm very disappointed by many of the posters here. There's always going to be one fool on any forum throwing out wild, illogical speculations and theories. That's expected. It's pretty surprising, though, that there are apparently other fools living in Pleasanton who support and encourage wild speculations which are unsupported by any evidence.
Sammy February 08, 2014 at 06:52 PM
For those of you who express support of Bobby Dee's posts here's a listing of some of his more outrageous statements: "Obviously there was some culpability on both sides in this matter." (Huh?) "It's a real tragedy that someone suffered such trauma, but the situation was created, or at least exacerbated in some fashion by his actions." (What?!) "I'm not saying the teens were justified in what they did, but it seems as if the DA and the police are!" (Can anyone explain the meaning of what Bobby Dee means here?) "People get in mutual-combat fight and get hurt." (Rather implausible that a middle-aged homeowner would go out in the middle of the night to single-handedly get into afist-fight with a group of rowdy drunken teens.) "People also fall down and hit their head without anyone ever laying a finger on them during a fight...it's known as losing your balance." (LOL!)
Bobby Dee February 08, 2014 at 09:02 PM
Little early to be drinking, ain't it Sammy? I was merely offering some alternative ideas as to what might have occurred...but I assume you were there, or rather, are, like Mari, privy to all the details of the case. Slow down Sammy, obviously thee is more to this than the "facts" you are so fast and loose with. If it was your kid, you would want a fair and impartial investigation...and if they did do what you think they did...then hold them accountable. Are you really so dopey to think there is some conspiracy here? Obviously the District Attorney's office, the Pleasanton PD and the teens in valves are in cahoots! ...now who sounds dopey...Sammy.
Bobby Dee February 08, 2014 at 09:09 PM
And all the "facts" you stated do not give a clear picture as to what really happened do they? Teens, being irresponsible and immature, ran off instead of rendering aid...that is sad and pathetic, but does not indicate how the poor man was injured. Yes, I do have lots of empathy for the man and his family...I'm not a heartless fool, Sammy. But the people who did the investigation, a three month investigation, made a decision...one that is unpopular but based on their findings...when ar you going to submit your report? You did complete your investigation right? Interviewed all the parties, witnesses, doctors...and I'm the fool.
Bobby Dee February 08, 2014 at 09:28 PM
And one more thing "Sammy" ...I clicked on your name here and WOW! You have a something to say about everything the Patch writes about huh? I also noticed you tend to insult those who don't agree with your ideas, which aren't always bad I must confess. But, my goodness... You are a busy little rabble-rouser aren't you?
timothy February 08, 2014 at 11:28 PM
Mari yes and as I expected some wish to preserve the mindset of "oh these things just happen after all they are just kids having a good time". And I am not even Italian.
Bobby Dee February 08, 2014 at 11:36 PM
Yes, that's exactly what I said...not maybe the investigators know more than us, just "boys will be boys" and there should be no accountability. Not "if it was your kid involved, you'd want them to get a fair shake", rather, "they were just having a good time!" Each post I read just further proves my point that some people are too quick to judge...without any facts or real knowledge of what happened. And the real sad part are the ones who suggest those involved should be assaulted, even lynched...way to represent!
Sammy February 09, 2014 at 01:05 AM
Bobby Dee wrote: "I was merely offering some alternative ideas as to what might have occurred...but I assume you were there, or rather, are, like Mari, privy to all the details of the case."....... So now Bobby Dee protests that he was merely offering some "alternative ideas" about what happened while out of the other side of his mouth he accuses others of jumping to conclusions about what happened. Sadly, it's not apparent to Bobby that writing the sentence "Obviously there was some culpability on both sides in this matter" is in itself an act of jumping to a conclusion. That's because Bobby Dee knows that Bobby Dee doesn't jump to conclusions. Jumping to conclusions is something that only people who argue with Bobby Dee do.
Becky February 09, 2014 at 11:25 AM
The police said they were waiting for Mr. Lamont to wake from the coma, hoping they could hear from him what happened. He's out of the coma now, and it sounds like the police didn't get any more evidence from talking to him. He probably doesn't remember anything because of the head injury, so the DA still does not have a case. That doesn't mean that some other evidence won't come to light some day. ---------------------- And what is a "public offence"? It seems that for so many crimes, we never hear the details and explanations that the justice system based their decisions on.
Chris Heston February 09, 2014 at 11:58 AM
The District Attorney is the entity that decides whether charges will be prosecuted. If they do not feel there is sufficient evidence to bring about a conviction from a jury of 12, they will not file. It's not that complicated. There's not enough evidence. End of story. Ranting, raving, and blaming the police won't change anything. It's still relatively safe in Pleasanton. If you're worried about that, move to Oakland and give us a comparison update.
Steve February 09, 2014 at 11:59 AM
This is clearly an important subject for all of us. Whatever our opinions, as residents of Pleasanton we deserve more information and better communication from the police and DA. Without it, we are all left to speculate. I do feel it is important to trust our leadership, but we must always insure they are doing their job. This was made clear to me through personal experience. People are human, even law enforcement officials. I am sending emails to the agencies involved and making phone calls next week. I encourage you all to do the same.
Sammy February 09, 2014 at 12:13 PM
Becky wrote: "He's out of the coma now, and it sounds like the police didn't get any more evidence from talking to him. He probably doesn't remember anything because of the head injury, so the DA still does not have a case. "............ He may not remember much but there must have been multiple witnesses to the assault. I suppose that we can presume that none of the teens involved (i.e., the ones who cowardly fled into the night leaving a man desperately needing medical help alone and uncared for on the pavement) wanted to cooperate with the police investigation? Hard to believe that the police would close the case so quickly unless they were completely stymied because all the witnesses clammed up. Bobby Dee's protests notwithstanding, I think that we are free to pass some judgement on these teens' conduct and lack of character.
Becky February 09, 2014 at 12:17 PM
All the teens probably lawyered up.
Pleasanton Resident February 09, 2014 at 12:20 PM
Yes, a DA won't file charges for something he's not positive he can win. Just like in the FSU quarterback rape case. They didn't say that the evidence showed him innocent they said there was not enough evidence to "successfully" prosecute. In other words this is a football town that wants to win a national championship. Doesn't mean they didn't do it just means the DA doesn't think it is a slam dunk. Got to protect that conviction rate at all costs. If actually charges were filed and publicized it might encourage people who been to scared to come forward to do it.
Bobby Dee February 09, 2014 at 12:41 PM
Well said Resident! There is a saying, "it's not what we think happened, it's what we can prove happened." If the DA felt they could not meet the "Beyond a Reasonable Doubt" standard, they will usually not go forward with the case. Many factors are considered. Those would include the actions of BOTH parties involved (get it yet Sammy?). But the family could still go after the teens in Civil Court, where the standard is Preponderance of Evidence, meaning it is more likely this occurred than not. A, instead of looking at this matter with your heart, use your brain. Hard to do I will admit, but that is how the investigators and DA approached it.
Sammy February 09, 2014 at 02:02 PM
Bobby Dee wrote: "A, instead of looking at this matter with your heart, use your brain.".......... Curious that someone who is apparently so proud of his brain could write such ridiculous sentences such as "Obviously there was some culpability on both sides in this matter." or "It's a real tragedy that someone suffered such trauma, but the situation was created, or at least exacerbated in some fashion by his actions."
timothy February 09, 2014 at 03:56 PM
Pleasanton Resident has a point. The system rewards DA's with high conviction rates so they can run for future political office. And bonuses. So throw out the difficult cases and you look good. If I was running for political office I would forbid bonuses to any government employees. Now case in point. The Democratic Party did everything it could to paint Kamela Harris as a quality attorney general for California. They suckered voters onto believing she is a quality AG but she is purely a politician. Doing a poor job. So perhaps our DA had political ambition. I wonder how much he gets in annual bonuses. Let alone 6 figure pensions that taxpayers foot. The people are victims.
Mari February 09, 2014 at 05:48 PM
I have a need to say something.... I read each and everyone's comments since my first comments/opinions. I do not claim to be a law expert or anything with a bigger brain then any of you. We have all made very good strong points. And with all due respect we are all I titled to our opinions. For me I am a mother, who believes that I have keen common sense, intuitive and I know wrong from right. In this situation, I hear and sense two very different and strong opinions. Ok sit down for what is going through my mind. I sense, there is a need to protect the young men who kicked Mr. Lamont so bad and left him for dead. But I can't help but think, that if we allow this behavior there is no reason for these same young man to kick the heck out of their own father, mother, sister brother or anyone who upsets them at work or in the community. Drive around with a bat and if they do not like someone on the road, at work, their boss well, get my point. What are we teaching? It's ok to kick someone's a.. If they say something to upset us. Hello we are going back kill or be killed.
Bobby Dee February 09, 2014 at 07:12 PM
Sammy, I thnk we have a bro-mance in the making...you can't stop cherry-picking certain parts of my responses and using them in any way you see fit...mor power to you, you muck-raking, emotional warrior you!
Bobby Dee February 09, 2014 at 07:17 PM
And it's great we can have a healthy discussion like this. I appreciate everyone's views and hear them loud and clear. ....even you Sam

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