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Berkeley Man Arraigned in Shooting of Police Officer By MATTHEW ARTZ

Friday May 20, 2005

The 36-year-old Berkeley man accused of shooting a Berkeley police officer Tuesday morning will remain held without bail at Santa Rita Prison, Alameda County Superior Court Judge Winfred Scott ruled Thursday. 

At his arraignment hearing Thursday, Howard Street was animated, motioning to friends and family inside the courtroom, and demanding an opportunity to address the judge. 

Street said he had been in handcuffs since his arrest early Tuesday morning and denied outside contact. 

“I haven’t been able to make a phone call or nothing,” said Street, who was dressed in a red prison suit, his hands cuffed behind his back with five bailiffs standing behind him during the five-minute hearing. 

Judge Scott ordered Street to be assigned a public defender and returned to the courthouse today (Friday). 

Street, who has a criminal record dating back to 1987, was arraigned on charges of attempted murder of a police officer and possession of a firearm by a felon in connection with the shooting. Street was also arraigned on charges of first degree residential robbery, discharge of a firearm that resulted in great bodily injury, carjacking, and possession of a firearm by felon in connection with a home robbery in Oakland on May 5. Authorities did not give further details on the May 5 incident. 

After the hearing, Street’s mother, who declined to give her first name, maintained her son’s innocence. “I don’t believe he shot the policeman,” she said. 

A woman saying she was Street’s wife said she was able to talk to her husband only briefly since his arrest.  

During the hearing, Judge Scott read off a list of six prior felony convictions against Street, which included convictions for firearm possession by a felon, auto theft, escaping police custody and offering to sell drugs.  

Prosecutors charge that Street shot Berkeley Police Officer Darren Kacalek, 29, in the chest shortly after 2:36 a.m. near Fifth and Delaware streets Tuesday morning, as Kacalek, a three-year veteran of the department, tried to apprehend him. 

Kacalek, who was released from Highland Hospital Tuesday night, sustained a one-inch open wound in his chest and a small bruise on his heart, his mother Annette said by telephone from her home near Redding. 

The bullet ripped through Kacalek’s badge and bulletproof vest before becoming lodged in his chest.  

“He was pretty lucky,” Annette Kacalek said. “If the bullet hadn’t gone through the badge it probably would have done more damage.” 

She added that her son said the gunman fired a second bullet that narrowly missed his head. 

Okies said the early Tuesday morning incident that led to the shooting started when officers attempted to stop a black Mustang for vehicle code violations. The Mustang sped away east on University Avenue. Police did not give chase out of concern for public safety, Okies said, but when an officer spotted the car at Fifth and Delaware streets soon afterwards, the two occupants fled on foot, with officers following. 

Kacalek, who was called to help in the foot chase, caught up with Street. The two began to fight and Street fired his gun, Okies said. 

Police managed to stop Street near the scene, but the other occupant of the car remains at large, Okies said. Okies said he could not reveal additional deals about the incident because it was under investigation. 

Kacalek is due back at the hospital Friday for further evaluation, but is expected to recover fully and return to the force. 

Tuesday’s shooting was not the first for a member of the Kacalek family, which counts five law enforcement officials among its ranks. Kacalek’s uncle, a Fremont police officer, retired after he was shot in the neck in the line of duty many years ago, Annette Kacalek said. 

She learned of the shooting at around 6:30 a.m. Tuesday when Darren called her from the hospital. He told her he was all right and then handed the phone to his brother, a Highway Patrol officer, who told her Darren had been shot.  

“Since I had already heard Darren’s voice it didn’t freak me out as much,” she said. “Darren was kind of laughing, but I think he might have been on a lot of medication.” 

She said that despite the dangers of the work, she was not worried about her son returning to the force. 

“I give the boys to God,” she said. “I sleep fine because I know my boys are good and they’re out on American soil protecting us.” 

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