A recent conclusion to a criminal case in Livermore has drawn both relief and frustration. Last year, the Livermore Police Department arrested 21-year-old Colby Berry of Fremont, identified as a violent offender who, in May 2023, attacked and robbed two women at gunpoint. The assaults took place at the Arroyo Shopping Center, and Berry's criminal history included a conviction for shooting into an inhabited dwelling. Berry carried out these new crimes while on parole and was monitored by an ankle device. Still, the charges filed against him by the Alameda County District Attorney's Office have become a point of contention.
After Berry pleaded guilty to second-degree robbery in July 2024, he received a sentence of five years and eight months. He was given credit for the 460 days he had already served, and the announcement was made in a statement by the Livermore PD. Police Chief Jeramy Young expressed dissatisfaction with the outcome, lamenting the decision not to file special enhancement charges that could have potentially kept Berry behind bars for a longer duration. Young argued that such charges are needed to better "protect our community," expressing his concern that the firearms charges "were ignored."
Last year, Livermore Police arrested 21-year-old Colby Berry of Fremont, a violent felon who attacked two women with a firearm. We are providing an important update now that the criminal case has concluded.
— Livermore PD (@LivermorePolice) October 7, 2024
In May 2023, Berry was arrested for the violent attack and robbery of… pic.twitter.com/75zhqvVx5V
In the face of these developments, Chief Young took the unusual step of openly criticizing the district attorney's office. He sent a letter to Alameda DA Pamela Price, which was publicly aired, compelling her to reconsider the leniency of the charges. As reported by Hoodline, Young's letter highlighted Berry's continued violent behavior and past convictions, advocating for firearm and career criminal enhancements to be filed. The lack of these enhancements has sparked concerns among local law enforcement and community members regarding the approach adopted by DA Price since she took office, which favors rehabilitative initiatives over traditional sentencing enhancements.
In a video statement mentioned by Hoodline, Price responded to the growing controversy by affirming her office was "evaluating whether an enhancement was necessary to protect public safety." She added that the overuse of such enhancements has contributed to Alameda County having one of the largest jail populations. Nonetheless, Young maintains that these enhancements are pivotal, insisting they are "necessary tools to safeguard the public against an individual who poses a clear danger to their safety." Berry has since been held on $350,000 bail and faced his next day in court in August.
