Fatal Police Shooting of Luis Angel Torres Rivera in Hercules Under Investigation by Office of the Attorney General
HERCULES, CALIFORNIA (February 2, 2026) – A father of two identified as Luis Angel Torres Rivera has tragically died in a Hercules police shooting on Interstate 80.
Contra Costa County officials are saying that the incident took place around 7:15 AM on Thursday. Authorities received reports about a man holding some type of metal object in traffic.
A plainclothes Richmond police detective was on his way to work when he encountered Luis Angel Torres Rivera, who was standing near a gold Nissan in the far left lane. There was some type of altercation between the detective and the man.
It was at this point that an officer-involved shooting occurred. Paramedics were called to the scene to help the victim. Luis Angel Torres Rivera was transported to a local trauma center, where he was pronounced dead.
An investigation of the shooting is currently being conducted by the California Office of the Attorney General. This is required under California Assembly Bill 1506 (AB 1506), which requires an investigation when California law enforcement shoots and kills an unarmed civilian.
You can help support the family of the victim through GoFundMe.
According to the online fundraiser, “On January 22nd, our beloved Luis Angel Torres tragically passed away in an unexpected accident. Luis was a devoted husband and a loving father whose greatest joy in life was his family. He leaves behind his wife and two daughters, ages 6 and 8, who now face an unimaginable loss. This sudden tragedy has left his family not only heartbroken, but navigating a future without the man who was their provider, protector, and biggest source of love.”
Liability for California Police Shootings
Lethal force should always be a measure of absolute last resort for police officers in California. According to California Penal Code § 835a, “the authority to use physical force, conferred on peace officers by this section, is a serious responsibility that shall be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life. The Legislature further finds and declares that every person has a right to be free from excessive use of force by officers acting under color of law.” Officers should take a number of actions before resorting to any type of lethal force.
- Observe: Police officers should actively assess the situation and determine whether or not a suspect may be in the midst of a mental health crisis.
- Distance: Police officers should maintain a safe distance with the suspect instead of rushing in. Rushing into any encounter can escalate the situation and increase the odds that a shooting will take place.
- Backup: Police officers should call for backup. In particular, they should request the help of a Crisis Intervention Team when necessary.
- Less Lethal: Police officers should only escalate their use of force as required by law. They should start with less-lethal options, such as tasers or pepper spray.
If a police officer fails to follow police protocol related to dealing with a suspect who may be in the midst of a mental health crisis, this could form the basis of a constitutional claim. In particular, an officer’s “failure to follow a safety rule promulgated by his employer, regardless of its substance, serves as evidence of negligence.” See, for example, Grudt, 468 P.2d at 831 (citation omitted); see People v. Brown, 245 Cal. App. 4th 140, 171 (Ct. App. 2016). Unfortunately, many police officers are not well trained to handle these types of encounters.
Steps to Take After Contra Costa County Police Shootings
A large portion of fatal police encounters occur during traffic stops. According to the Public Policy Institute of California, “Vehicle and pedestrian stops account for about 15 percent of police encounters in which a civilian is seriously injured or killed.” It is important that certain actions are taken after any fatal police encounter.
- Eyewitnesses: Any person that may have witnessed the incident should be interviewed early on while their memories are still fresh.
- Medical Records: All of the medical records related to the incident should be collected and preserved.
- Photos: Lots of photos of the incident site should be taken. When possible, surveillance footage that may have captured what happened should also be sought.
- Independent Review: The family of any person who died in a police shooting should seek an independent review of the incident with the team experienced in constitutional law.
Police shootings are often highly preventable. They tend to involve situations where officers are either unwilling or unable to de-escalate encounters. Unfortunately, police departments will virtually never accept responsibility if one of their officers seriously injures or kills a suspect. This is why it is so important these incidents are thoroughly reviewed by an outside party. The family of any person who died in a police shooting may be able to seek some measure of accountability and transparency through a wrongful death claim.
Investigating Contra Costa County Police Shootings
We at Carrazco Law extend our deepest condolences to the family of Luis Angel Torres Rivera. Any person who may have more information about what happened should reach out to investigators. There needs to be a thorough investigation into what went wrong. A number of questions remain unanswered. What were the circumstances that led up to this incident? Have there been any complaints of misconduct against the officer involved in the shooting in the past?
Do you need more information about a Contra Costa County police shooting? Our team of civil rights advocates is here for you. We are committed to helping victims of police brutality across California understand their rights and holding law enforcement accountable for their unconstitutional actions. Whether you just have legal questions or need a free, independent investigation into any particular incident, we are here to serve your needs. You can contact us anytime at (800) 541-3244. Se habla español.
