December 8, 2023
Alameda County District Attorney’s Public Accountability Unit Found Insufficient Evidence to File Charges in the Joshua Gloria Case
Fremont – Alameda County District Attorney Pamela Price announces the DA’s Public Accountability Unit (PAU) has concluded that it will not proceed forward with any charges in the May 24, 2021, officer-involved shooting death of Joshua Gloria.
According to the PAU, we believe that Fremont Police Officer Brian Burch “had valid reasons to believe that Mr. Gloria represented a substantial risk of causing severe harm or even death to both himself and those in the vicinity and further that he reasonably believed that he needed to use deadly force to stop Mr. Gloria from fleeing. Therefore, applying the guidelines outlined in the California District Attorney’s Uniform Crime Charging Standards, we must conclude that there is insufficient evidence to pursue a criminal prosecution against Officer Brian Burch.”
The PAU thoroughly reviewed, with fresh eyes, the prior Alameda District Attorney’s Office report and the complete case file materials, including but not limited to all available body-worn camera footage, investigative reports, and dispatch recordings. Additionally, the PAU visited the scene of the shooting, reached out to the Gloria family’s civil attorney, and spoke to the Gloria family and has concluded that while this is undoubtedly a tragic outcome and series of events, Officer Brian Burch cannot be held criminally liable under the relevant laws and pertinent facts. DA Price does not believe that the prosecution could prove, beyond a reasonable doubt, that the first three shots fired by Officer Burch were not in lawful self-defense and that the last two shots Officer Burch fired at Mr. Gloria were not a lawful use of deadly force against an individual who was suspected of a felony and in clear flight.
Alameda County District Attorney Pamela Price announced the formation of the PAU in January. One of its initial assignments was to review eight in-custody deaths and officer-involved shootings to determine whether any evidence would prove beyond a reasonable doubt that a police officer should be held accountable for misconduct.
Earlier this year, the PAU filed charges against two Alameda County Sheriff’s Deputies in the Vinetta Martin case. The PAU continues its review of more than 250 Alameda County cases.
Contact: damedia@acgov.org
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The Alameda County District Attorney’s Office (DAO) is one of California’s largest prosecutors’ offices and is led by Alameda County’s first Black woman District Attorney Pamela Y. Price. Price brings her vision to this office to fairly administer justice in the pursuit of thriving, healthy, and safe communities for every person who steps foot in Alameda County, no matter their race, gender, religion, sexual orientation, income, or zip code. Price has been recognized as one of the most progressive prosecutors through her forward-thinking, innovative strategies to interrupt cycles of violence and crime and bring change to a criminal justice system rooted in systemic racism. Follow Madam DA on Instagram, Twitter and Facebook and @AlamedaCountyda on Twitter, Instagram and Facebook.