East Bay PD Criticizes DA Pamela Price For Denying Sentencing Enhancement Request

LIVERMORE, CA — The Alameda County District Attorney's Office rejected a request from the Livermore Police Department to add sentencing enhancements for Colby Berry, a former parolee who pleaded guilty to violently assaulting two women at the Arroyo Shopping Center parking lot last year. LPD Chief Jeramy Young said in a statement that he was "deeply disappointed" with the decision.

In May 2023, Berry was arrested on suspicion of violently assaulting a woman and trying to grab her purse, then attacking a second woman and stealing her purse at gunpoint. At the time, Berry, a 21-year-old from Fremont, was on a parole for a previous felony shooting into an inhabited dwelling, according to Livermore police. He was wearing an ankle monitor at the time.

Berry was charged with two counts of felon in possession of a firearm, carrying a concealed weapon, attempted robbery, robbery, and assault with a deadly weapon. In July 2024, he pleaded guilty to two counts of second-degree robbery, and was sentenced to five years and eight months in prison, with 460 days already served.

Chief Young sent the DA a formal request to file special enhancement charges for firearm violations and prior crimes, which would have increased Berry's sentence. “His history of violence involving firearms, general disregard for the law, callousness toward members of our community, and the unlawful use of a firearm justify the enhancements as necessary tools to safeguard the public against an individual who poses a clear danger to their safety. The circumstances in this case are exactly why enhancements exist,” Young wrote in a formal request to the DA that was recently denied.

“I am deeply disappointed with the outcome of this case as it does not adequately protect our community,” Young said in a statement released Monday. “This is a case where the punishment does not fit the crime. People who use firearms to commit violent crimes must be held accountable. In this case, all the firearms charges were ignored.”

The Alameda County DA's office told Patch that it felt the enhancements "were not legally justified or sustainable," and that since the case was resolved three months ago, Chief Young's statement "is politically motivated and not driven by any genuine concern for public safety."

"This case against Mr. Berry dates back to May of 2023," the department said in a statement. "Chief Young and DA Price discussed the charging decision at that time. Chief Young sent the DA a letter sharing his opinion and desire for specific charges. DA Price responded with a letter explaining, among other things, the legal basis for the charges filed in the case. The public should know that based on our review of the evidence and the law, Chief Young's requests for career criminal and firearm enhancements in Mr. Berry's case were not legally justified or sustainable. It is important for Chief Young to recognize and respect that the plea negotiation is the prosecutor's sovereign domain, not the Chief of Police. The fact that this case was filed in 2023 and resolved three months ago suggests that Chief Young’s statement today is politically motivated and not driven by any genuine concern for public safety."

Alameda County District Attorney Pamela Price is facing a recall election, which is largely in reaction to what critics see as sentences that are too lenient. All Alameda County police unions back the recall, as does Democratic Congressman Eric Swalwell.

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