Antioch Police respond to video of Oct. 1 officer involved shooting with still shots from body cam footage

Police body cam footage screenshots show Daniel Mackin during and after the police foot chase with a gun in his hand (red circle). Source: Antioch Police Department

Family of man shot by Antioch police claim he didn’t fire his gun, was shot in back 9 times

Video screenshot shows suspect with gun in his hand

By Allen D. Payton

Following the officer involved shooting on Oct. 1, 2023 and the Antioch Police update on Friday, Oct. 20th, a family member of the suspect, Daniel Mackin, posted a video of the shooting on the Antioch Herald Facebook page on Saturday, Oct. 21st. (See related articles here and here)

That day, the Herald asked APD if they would soon be releasing body cam video footage from the four officers involved in the shooting and if not, then for them to consider it a Public Records Act request for the videos.

Mackin’s discarded gun. Photos by APD (left) and by Antioch Herald (right)

The video, which appears to have been taken by someone from the apartment complex on W. 3rd Street, shows Mackin running from police across then eastbound on W. 2nd Street, a gunshot could be heard while he was obscured by trees, then more shots can be seen being fired by police while Mackin was no longer in view. On Monday, Oct. 23rd, the video was shared on X (formerly Twitter) by civil rights attorney Melissa Nold and later by KTVU FOX 2 News reporter Henry Lee. When reached for comment, Nold said she was not representing Mackin, but might if a civil rights lawsuit was filed. She said he is being represented by a public defender. Nord also said the family is claiming Mackin was shot in the back nine times and that he didn’t discharge his gun.

Officers can be seen pursuing and shooting at Daniel Mackin (in red circles) on Saturday, Oct. 1, 2023. Source: Video screenshots. (Red circles added by The Herald)

In response to the Herald’s PRA request Lt. Mike Melone responded today, on Tuesday, Oct. 24 with, “We are preparing the body-camera footage for release and intend to so within statutory guidelines.”

He, Acting Chief Joe Vigil and two others with the APD were informed of the video shared by the family member and Nold and asked if they could confirm the details of who shot first and if Mackin fired his gun. They were also asked how many total shots were fired by him and officers.

Mellone responded, “the incident is still being investigated by APD and the DA, therefore, additional information will be provided when it is prudent to do so.”

In addition, the Antioch Police Department issued the following press release by Lt. Rick Martin of the Antioch Police Investigations Bureau, Tuesday evening, Oct. 24:

“On October 23, 2023, a civilian cell phone video was made public depicting a recent shooting incident involving Daniel Mackin and officers of the Antioch Police Department. This video footage was not provided to the Antioch Police Department and is from an unknown source. Due to the angle and perspective at which the video was recorded, it does not depict everything that occurred.

A cell phone video recorded by a civilian of a police incident may present a limited perspective, failing to capture all angles and the entirety of the incident, potentially leading to a lack of context and incomplete information. This can hinder a comprehensive understanding of the situation and may contribute to misinterpretation or incomplete narratives.

The Antioch Police Department conducts exhaustive investigations following any officer involved shooting. The investigation related to this incident is still ongoing and could take a significant amount of time to complete. With that in mind, we withhold judgment and do not draw any conclusions about whether or not our officers acted within our policies and in accordance with the law, until after all the facts are known and the investigations are complete.

In the City of Antioch, when a critical incident such as an officer involved shooting occurs, several investigations are immediately initiated. The Contra Costa County District Attorney’s Office conducts an independent investigation to determine whether the involved officers’ actions were within the law. The Antioch Police Department’s Detective Bureau investigates criminal conduct of any potential suspects prior to or during the incident. Finally, our Internal Affairs Division examines any areas where improvement can be made and determines whether the actions of the involved officers were within policy and consistent with our training.

If you would like more information on the Antioch Police Department’s use of force policy, please click on the following link:

The Antioch Police Department and the Contra Costa County District Attorney’s office are committed to transparency, and this is still an active investigation. Below are three screenshots obtained from officers’ body camera footage. The first image is of Mr. Mackin initially running and turning towards officers with a weapon in his hand. The second image is Mr. Makin pointing a handgun at officers. The third image is a crime scene photograph of the weapon Mr. Mackin was holding at the time of the shooting. The weapon was loaded at the time of this incident.

Additional information to include the involved officers’ body worn camera footage will be provided in accordance with state laws. All Antioch Police patrol officers are equipped with body-worn cameras. Per Antioch Police Department Policy, all body-worn cameras must be worn in a forward-facing position that facilitates comprehensive recordings of the contacts and/or incidents.

It is important to keep in mind that body worn cameras are an investigative tool, and like any device, they have limitations. Body worn cameras do not necessarily capture everything an officer sees — just like a body worn camera may capture something an officer does not see. Further, body worn cameras do not have the ability to depict what an officer is feeling or experiencing during a given incident.

The APD would like to thank our community for their patience and assistance with this investigation.

Anyone with information is asked to call Detective Duffy at (925) 779-6884 or the Antioch Police Department non-emergency line at (925) 778-2441. You may also text-a-tip to 274637 (CRIMES) using the key word ANTIOCH.”

However, APD did not say if Mackin had fired his weapon nor how many bullets were fired.

the attachments to this post:

Officers pursue shoot at Daniel Mackin 10-01-23 APD video screenshot

Mackin’s gun by APD & by Antioch Herald 10-01-23

Daniel Mackin during police pursuit 10-01-23

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