Police said the driver resisted arrest and grabbed a loaded rifle after a DUI stop.
BRENTWOOD, CA — A Brentwood police officer shot and killed a man during a Christmas Eve traffic stop after the driver resisted arrest and grabbed a loaded, high-powered rifle from inside his vehicle, police said Thursday. The man, who was in his 40s, died at the scene.
The shooting, reported around 10:55 p.m. Wednesday near Balfour Road and Foothill Drive, is being reviewed under a county protocol used for law enforcement killings. Brentwood police and the Contra Costa County District Attorney’s Office said they will conduct separate investigations, and the department said body-worn and in-car camera video will be released later as allowed by law.
Officers stopped the vehicle late Wednesday on suspicion the driver was under the influence, Brentwood police said in a written statement. The driver was the only person in the car. While speaking with him, officers said they developed probable cause to search the vehicle and found what they described as a loaded, high-powered rifle. Police Chief Tim Herbert did not publicly identify the man or the officer, saying the name would be withheld while detectives notified the man’s next of kin and while the investigation continued.
Police said the stop escalated as officers tried to take the man into custody. In the department’s account, the man “physically resisted arrest,” refused verbal commands and then grabbed the rifle. One officer fired, striking the man at least once, police said. Officers provided medical aid until paramedics arrived, but the man died at the scene. No officers were seriously injured, police said.
Investigators have not released details about how the rifle was stored in the vehicle, whether it was loaded when officers found it, or whether the man pointed it at officers. Authorities also have not said whether the man was suspected of any crimes beyond the initial DUI suspicion before the shooting, or how many shots were fired. Police said the investigation was ongoing, and they did not give a timeline for when the district attorney’s review or the release of video would be completed.
Officer-involved shootings in California typically trigger multiple reviews, including a criminal investigation into the circumstances of the death and an administrative review of tactics and policy compliance. In Contra Costa County, the district attorney’s office conducts what officials describe as a parallel investigation when someone dies in an encounter with law enforcement, a process meant to independently examine evidence, witness interviews, and video. Local agencies also often coordinate with outside investigators or specialized units to collect physical evidence and document the scene.
The shooting happened in Brentwood, a growing city in eastern Contra Costa County where Balfour Road is a main corridor and Foothill Drive intersects near residential neighborhoods and commercial areas. The timing, late on Christmas Eve, drew attention as many families were traveling or gathering for holiday events. Police did not say whether alcohol or drugs were involved, whether the man submitted to any field sobriety testing before the search, or what led officers to say they had probable cause to look inside the car.
Authorities said they plan to release both body-worn camera footage and in-car video from the stop, but they did not say whether any footage would be redacted to protect privacy or the integrity of the investigation. In California, state law generally requires agencies to release video and audio of critical incidents, including shootings and other uses of force that result in death or serious injury, though delays and limited redactions can occur in certain circumstances. Police said the video would be released “in accordance with the law,” without providing a date.
The department did not say Thursday whether the officer who fired the gun had been placed on administrative leave, a step many agencies take after shootings. Police also did not disclose the officer’s years of service, assignment, or training history. The district attorney’s office did not immediately announce any public briefings, but officials typically release findings after completing a review of evidence, interviews, and forensic reports.
The incident comes during a period of heightened local attention on Brentwood police encounters. In October, a 72-year-old woman died about a week after she was detained by Brentwood officers during what police described at the time as a family dispute, prompting questions from relatives and community members about the circumstances leading to her death. That case, separate from Wednesday’s shooting, helped amplify calls for transparency when serious force is used and when people die following police contact.
Residents who live and drive through the Balfour Road area said the intersection is typically busy during evening hours, and the sight of emergency vehicles late on a holiday can be alarming. Police did not describe how long the traffic stop lasted before the shooting, whether any bystanders witnessed the gunfire, or whether nearby streets were closed. They also did not say whether the rifle was recovered at the scene immediately after the shooting or whether any other weapons were found in the vehicle.
The next steps are expected to include a review of the medical examiner’s findings, a collection of physical evidence from the vehicle and roadway, and interviews with officers and any witnesses. Police said the man’s identity would be released after notification of family members. Authorities have not said whether any charges will be filed related to the events leading up to the shooting, and the district attorney’s office typically decides whether the use of deadly force was justified under the law after its investigation is complete.
For now, the scene has been cleared and the case remains under investigation, with video from officer body cameras and patrol car systems expected to be released later. Officials said their inquiries are ongoing, and the public release of the man’s name and further details is expected after family notification and additional investigative work.
Author note: Last updated December 25, 2025.