By Angela Ruggiero
East Bay Times
OAKLAND, Calif. — In a rare move, the Alameda County District Attorney’s Office is seeking the death penalty against a man accused of killing a Hayward police sergeant in 2015.
In only the second time in her career, District Attorney Nancy O’Malley will pursue the death penalty for defendant Mark Estrada, accused of killing Sgt. Scott Lunger, 48, a Brentwood father of two. Lunger was fatally shot in the head and thigh shortly after he approached a white Chevrolet Silverado he had stopped for swerving in the roadway at 3:15 a.m. July 22, 2015, in Hayward.
In court on Thursday afternoon for motions to change his attorneys, Estrada, 24, appeared in red and white striped jail clothes, his once longer shoulder-length hair cut short in a buzzcut.
His trial date is expected for Nov. 26. However, Judge James Cramer granted his motion to remove one of his retained attorneys on record, Christopher Morales, which could potentially affect the trial date.
In May 2017, Estrada was held to answer on all his charges, including murder with the special circumstances of lying in wait and drive by shooting, which qualified him for the death penalty. The District Attorney’s Office typically assembles a team of prosecutors, including O’Malley herself and in this case John Brouhard, who is prosecuting Estrada’s case. After a meeting, O’Malley makes the final decision on whether seek the death penalty.
Since she was appointed top prosecutor in 2009, O’Malley has only sought death for one other defendant, Darnell Williams, who was convicted in May 2016 for the deaths of 8-year-old Alaysha Carradine and 22-year-old Anthony Medearis in separate instances. The jury in that case recommended death. Brouhard also prosecuted that case.
During Estrada’s preliminary hearing, Brouhard argued that Estrada had enough time to prepare and arm himself with his gun.
“When his prey is close enough to kill, he immediately takes action,” said Brouhard during the hearing in 2017.
Lunger, who had been on the force for 15 years, had pulled over the truck that night in what was described as a routine traffic stop, after the vehicle was seen swerving.
Officer Justin Green said in testimony that he knew something wasn’t right. Green had already begun running toward the truck when he heard a gunshot fired from inside the cab and saw Lunger collapse.
Estrada, hysterically sobbing and bleeding, showed up at his friend’s doorstop in East Oakland a little more than an hour later, a friend testified. Estrada told his friend he had been shot by a cop, and refused to go to the hospital, that he wanted to sleep through it instead. He had a gunshot wound to the lower back and reeked of alcohol. His friend testified that it was out of character for Estrada, who has no criminal record.