Police use of force in fatal Brentwood shooting was ‘reasonable,’ DA rules

BRENTWOOD — The Contra Costa District Attorney’s office has released its report on the fatal police shooting of a 43-year-old Stockton resident during a Christmas Eve traffic stop, finding it was “reasonable” for an officer to open fire after the man pointed an “AR-style” rifle in his and other officers’ direction.

The report, released Friday, also said the three officers involved in the shooting of Romaine Alexender Morgan “acted in self-defense” and the “defense of others.” With that, the D.A.’s office, which is tasked with determining criminal liability, said that “no further action” would be taken in the case.

The D.A.’s report offers some new details of the shooting, which took place at about 10:45 p.m. on Balfour Road at Foothill Drive on Dec. 24, 2025.

Officer Tanner Kephart initiated the stop after first spotting Morgan’s car traveling in front of him on Deer Valley Road, well below the 45-mph speed limit; it was weaving “back and forth” and swerved “erratically to the right,” leading Kephart to suspect that the driver could be under the influence, the report said.

On Balfour Road, Kephart was soon joined by Officers Chelsea Valadez and Kimberly Beltran, and all three officers’ initial interactions with Morgan appeared to be friendly, according to the officers’ body-worn and in-car camera recordings that were publicly released in February.

Morgan told officers he was driving back home after dropping off family members at an area hospital, the recordings showed.

“I didn’t know who was behind me — it was just blacked out,” Morgan said after being told he was pulled over for swerving. “I’m like, ‘Who is following me like that?’ I’m very paranoid like that.”

While Kephart checked Morgan’s vehicle registration, another officer spotted marijuana inside his car, Brentwood police reported in February. While Morgan denied he was under the influence, the discovery of the marijuana gave officers probable cause to search the car, police said.

Morgan agreed to step out of his sedan, stood in front of a patrol vehicle and allowed officers to pat him down, the recordings showed. While searching his car, Beltran removed a jacket from the front passenger floorboard and located an AR-style rifle, which was later determined to be unserialized and loaded, the D.A.’s report said.

The discovery of the firearm prompted Kephart to order Morgan to place his hands behind his back, but the 6-foot-3-inch, 320-pound Morgan pushed Valadez and ran out into the street, only to stop, change directions and run back toward his car and the loaded rifle, the report said.

A scuffle ensued, and officers tried to grab Morgan, but he continued to punch and push them out of the way, the report said. Valadez deployed a taser at Morgan, but it was ineffective.

Reaching his car, Morgan found his rifle, grabbed it by the pistol grip, turned toward the officers, and lifted the barrel of the rifle toward them, the D.A.’s report said.

All three officers immediately backed away from Morgan, while Kephart retreated next to his patrol car. He drew his firearm and fired 10 times in rapid succession at Morgan, according to the report.

Morgan was fatally wounded, and despite officers and emergency medical personnel attempting life-saving measures, Morgan was pronounced dead at the scene.

Both the Brentwood police and the D.A.’s office launched separate investigations. Under Contra Costa County protocol, the D.A.’s office is charged with determining criminal liability.