DUI Checkpoints & Crime on the Road, Sobriety Checkpoints

Wednesday, December 09, 2009

At 7:03 pm Tuesday, December 8th, Benicia Police Officers Jason Eakin and Ted Criado, in separate patrol vehicles, were dispatched to a report of a vehicle blocking half the driveway at the Lake Herman Park area on Lake Herman Road. Officer Eakin arrived first and found a Honda Pilot parked facing the gate blocking the entire right side of the driveway.

Officer Criado arrived shortly thereafter. While looking for the driver in the parking lot area, officers heard a male subject yelling from the wooded area west of the parking lot and out of view. They identified themselves, and ordered the male subject to show himself, but he refused to exit the wooded area. Both officers drove their patrol cars to the west end of the lot and illuminated the wooded area.

The officers walked towards the subject and got within 75′ where they could illuminate him with their flashlights. They then saw the male subject sitting on a log in the wooded area holding a rifle. The male subject was verbally aggressive with the officers, challenging them to “come and get him.” At one point, the subject, while facing the officers, swung the rifle in their direction.

The two officers then stayed out of view and additional officers responded to the scene. During this time frame, the subject discharged one round from his rifle. The officers were unable to determine what direction the subject fired the round.

The subject refused to comply with officers orders to surrender. Because of the nature of the situation, Benicia Police requested the assistance of the California Highway Patrol and their helicopter; the joint Benicia / Vallejo SWAT team was called to the scene; Solano County Sheriff’s Office deputies were called; and the Patrol Volunteers from the Benicia Police Department were utilized for traffic control.

During the incident DiGiovanni moved to various parts of the small wooded area and to the side of the lake (Lake Herman) that the wooded area surrounds. At 10:32 pm, three hours after the initial call, DiGiovanni surrendered to CHP officers who had contained the side of Lake Herman that DiGiovanni had walked to. He was not holding the rifle at the time of his surrender, but the 30.06 rifle was recovered nearby.

“Apparently the suspect was having serious personal issues,” Benicia Police Lt. Mike Daley said. “He was intoxicated and at one point gestured as though he were going to shoot himself. Officers Eakin and Criado showed tremendous restraint by not firing at the subject when he swung and pointed the rifle in their direction.”

Regarding the use of the SWAT team, CHP, Solano SO, and the BPD Patrol Volunteer staff, Lt. Daley said “All officers and agencies involved did an outstanding job in bringing this potential deadly incident to a peaceful conclusion. Our officers, CHP, and the deputies from the Solano County Sheriff’s Office quickly contained the suspect. He eventually peacefully surrendered to three CHP officers who were nearest to him.”

The suspect was eventually booked into the Solano County Jail in Fairfield on the charges listed above. Any further questions, contact Lt. Michael Daley at (707)590-4259.

Arrested: Frank Anthony DiGiovanni, 27 years old, Vallejo resident

Charges: Brandishing a firearm at police – Felony (417(c) of the California Penal Code)

Discharging a firearm in city limits (misdemeanor, Benicia Municipal Code)

Impeding an officer in the performance of his duties (misdemeanor)

Public intoxication (misdemeanor)

Also held for a mental health evaluation

via City of Benicia, CA — Benicia Police Make Arrest in Armed Standoff.
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