Contra Costa DA releases two Antioch Police officers’ body cam footage of Oct. 2023 shooting of homicide suspect
“He’s reaching. He’s reaching. Drop the gun.” – Officer Thomas Borg’s statements and command to Daniel Mackin
Suspect’s next court appearance tomorrow morning, Feb. 6
By Allen D. Payton
Following two Public Records Act (PRA) requests of the Antioch Police Department which were denied, and a PRA request of the Contra Costa District Attorney’s Office, the latter released body cam video footage of Antioch Police Officers Thomas Borg and Shawn Marques to the Herald, last week, showing the Oct. 1, 2023, shooting of Daniel Jackson Mackin, as he ran from them and two other officers in the 200 block of W. 3rd Street. That followed the release of the videos for a report by the East Bay Times the previous week. Officers claim Mackin, who was wanted for homicide, pointed a gun at them.
The other two officers who also shot at Mackin were previously identified as Kyle Armstrong and Dustin Dibble. Armstrong was given his oath of office just four days prior.
Lt. Rick Martin of the Investigations Bureau initially reported, “Inside the vehicle officers located a male subject who was in possession of a firearm. Officers gave commands to the subject who refused to comply with orders given. The subject attempted to flee in the vehicle but was unsuccessful. The subject abandoned the vehicle and fled on foot with the firearm in hand.”
Antioch Police had previously released screenshots of the body cam footage showing Mackin with a gun in his hand. His family claimed Mackin did not fire his gun and was shot in the back nine times. But that has not been confirmed by APD.
Details of Body Cam Video Footage
In the video from Borg’s body cam, he can be heard saying “Stop the car” as Macking was revving the engine to the van he was driving. After Mackin exited the van, at the 5:56 mark Marques could be heard yelling, “He’s reaching. He’s reaching” before the chase ensued. He can then be heard yelling at Mackin, “Drop the gun”.
In the video from Marques’ body cam, he can be heard yelling at Mackin, “Get your hands up” followed by the sound of multiple gunshots. Another officer could be heard saying, “Get on the f—ing ground”. Marques could also be heard shouting commands at his K-9, who participated in the chase, including, “Off, off” multiple times following the shooting. (See Borg video and Marques video. WARNING: Videos contain violence and profanity that may not be suitable for children and some viewers)
Mackin Wanted for Homicide
As previously reported, Mackin had a warrant for his arrest for homicide which occurred earlier last year. APD reported on Oct. 20 that an Antioch Community Service Officer located two vehicles parked in a carport in the 200 block of West 3rd Street. Both vehicles were suspected of being involved in a recent burglary within the City of Antioch. One of the vehicles was determined to be stolen. Officers Dibble and Officer Marques arrived a short time later to assist the CSO. Officer Marques peered into the van and noticed a male subject (Mackin) asleep inside with a gun close by his hands. The officers backed away and requested additional units to the scene.
As officers arrived, Mackin awoke and began moving within the vehicle. Officers gave commands and Mackin did not comply. Mackin started the vehicle and proceeded to drive towards the officers and exit the carport. The vehicle became disabled and was high centered on a grassy berm. With Mackin still in the driver’s seat, Officers on scene tried to de-escalate the situation by giving loud and clear commands. Ultimately, Mackin opened the side passenger doors to the van and fled on foot with the gun in his hand.
All four officers followed south on the A Street extension from West 3rd Street. While running, Mackin turned toward the officers, pointing the handgun in their direction. Fearing their safety and the safety of the public, the officers fired their duty weapons, striking Mackin several times. Officers immediately began rendering first aid and Mackin was transported to a local hospital to be treated for his injuries and is expected to survive. No officers or other members of the community were injured during this incident. Officers involved were temporarily placed on routine, paid Administrative Leave.
Once Mackin was positively identified, records check revealed Mackin was on Post Release Community Supervision (PRCS) for a felony conviction. Mackin also had a Ramey warrant for his arrest for his involvement in a homicide. Mackin was later booked into Martinez Detention Facility on the following charges:
- Ramey Warrant – 187 PC homicide / 211 PC robbery
- 245 (c) PC – Assault with a deadly weapon on a Peace Officer
- 29800 PC – Felon in possession of a firearm
- 496 (d) PC – Receiving a stolen vehicle
- 148 (a)(1) PC – Resisting arrest
On Oct. 23, Blair Mackin posted a video of the shooting on the Antioch Herald Facebook page below the post of the article about it. It shows Mackin running away and the sound of gunfire then officers firing their weapons. But part of the exchange is obscured by trees and the last half Mackin isn’t in view.
Then civil rights attorney Melissa Nord posted the video on her Twitter/X feed, that same day, as did Henry Lee of KTVU. Nold wrote with her post, “It sure looks like Daniel Mackin is just running away when Antioch PD shot him in the back 7x. In this bystander video I don’t see him turn around or point a gun at officers like the press release claims, I see him trying to outrun a K9. Facts matters. Transparency matters.”
When reached for comment, Nord said, while she’s not representing Mackin, she might if a civil rights lawsuit is filed.
APD responded to the video writing, “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.”
Lt. Michael Mellone and others within APD were asked to confirm the family’s claim that Mackin did not fire his weapon, who shot first and how many shots were fired. They did not respond.
APD also shared still video screenshots from the officers’ body cam footage showing a gun in Mackin’s hand.
Public Records Act Requests, APD Denies, CCDA’s Office Partially Fulfills
A California Public Records Act request for the body cam video footage of all officers involved was first submitted to the Antioch Police Department on Oct. 21, 2023. A second request for the footage was submitted to APD on December 5, 2023.
They responded, “This letter provides a further response to your 12/5/23 California Public Records Act (‘CPRA’) request received by the City of Antioch (‘City’) seeking records of body-cam footage for police-involved shooting on October 1, 2023, involving Daniel Mackin. (releasable under SB 1421 and AB 748 – Penal Code Sections 832.7 and 832.8).
This correspondence stands as the 60-day required notice, pursuant to Penal Code Section 832.7, for the City of Antioch Police Department report number 23-7441. The investigation for 23-7441 is not releasable at this time as the release of such could reasonably be expected to interfere with the investigation. I or another City representative will provide you with additional correspondence regarding this investigation on or before 2/1/24.”
A third, non-PRA request was made of Acting Chief Joe Vigil, Mellone and Sgt. Price Kendall on Jan. 22, 2024, also asking, “why was the officer covering his camera with his hand? Are the officers instructed to not do that, so the video isn’t blocked?”
A PRA request was also submitted to the Contra Costa DA’s office that same day.
Vigil later responded, “I believe the release did not come from us” but did not answer the other questions.
On Wednesday, Jan. 31, Deputy District Attorney Sophea Nop provided the two videos previously released to the Times.
On Feb. 1, 2024, APD Records Supervisor Amanda Nelson responded:
“This letter provides a further response to your 12/5/23 California Public Records Act (“CPRA”) request received by the City of Antioch (“City”) seeking records of body-cam footage for police-involved shooting on October 1, 2023 involving Daniel Mackin. (releasable under SB 1421 and AB 748 – Penal Code Sections 832.7 and 832.8).
The investigation for 23-7441 is not releasable at this time as the release of such could reasonably be expected to interfere with the investigation. I or another City representative will provide you with additional correspondence regarding this investigation on or before 3/1/24.”
The videos from body cam footage of Officers Armstrong and Dibble have not yet been released.
Mackin’s Next Court Appearance Feb. 6
According to the Contra Costa Sheriff’s Office, the six-foot, 240-lb. Mackin’s next court appearance is scheduled for tomorrow, Tuesday, Feb. 6, 2024, at 8:00 a.m. in Contra Costa Superior Court Department 08.
the attachments to this post:
Mackin on ground in cuffs 10-1-23 Marques video
Borg body cam screenshot Mackin shooting 10-01-23
Marques body cam screenshot Mackin shooting 10-01-23
