Press Release: Berkeley Police Say Suspect Who Shot at Officers Facing Charges in March Homicide and April Attempt Murder of Five Officers

From Sgt. Mary Kusmiss, BPD PIO
Tuesday May 08, 2012 - 04:22:00 PM

The City of BerkeleyPolice Department (BPD) is announcing that the suspect who shot at officers on April 13, 2012 has been charged with a March 2012 Berkeley homicide in addition to the attempted murder of five officers in an April shooting. 

On March 29, 2012, Devin Whitmire was shot on Oregon Street, west of Sacramento Street. Whitmire died a short time later. In the ensuing investigation, BPD Homicide Detectives identified Calvester Houston Stewart, 19, of Berkeley, as a person of interest in this case. 

On April 13, 2012, a BPD patrol officer made a traffic enforcement stop on a car in West Berkeley. One subject fled the car on foot. That subject is believed to have been Stewart, the person of interest in the March homicide. 

Officers immediately went to an address in the 900 block of Delaware Street where they located Stewart in an apartment. In an apparent attempt to escape, Stewart emerged from that apartment, ignored officers’ commands, and opened fire on several BPD officers. Several officers returned fire. An officer wounded Stewart before he was able to flee from the property. After being treated for his injuries, Stewart was booked into the Santa Rita County Jail for a felony probation violation, pending an investigation of attempt murder on several officers. 

The investigation into Stewart’s apparent involvement in both incidents resulted in a complex, multi-layered case. Detectives continued with their work, ultimately presenting their investigations to the Alameda County District Attorney (DA).The DA has charged Stewart with 187(a) PC – Murder, with enhancements of 12022.53 (d) PC and 29800 (a) (1) PC – Felon in Possession of a Firearm for the homicide of Devin Whitmire. Stewart has also been charged with five (5) counts of 664/187(a) PC – Attempt Murder, with the enhancements of four (4) counts of 12022.53 (c)PC, one (1) count of 12022.53 (b) PC and one (1) count of 29800 (a) (1) PC for shooting at BPD officers. 

Stewart remains in custody pending the prosecution of these cases.