Suspect charged with murder of Hayward police sergeant

HAYWARD, Calif. (KGO) -- The man accused of killing a Hayward Police Sgt. Scott Lunger is now formally charged with murder and three special circumstance clauses. Suspect Mark Estrada of Oakland said nothing in court on Friday, but his family talked to ABC 7 News.

Friday, Estrada was arraigned at the Hayward Hall of Justice with Alameda County Superior Court Judge Scott Patton presiding.

Estrada's mother, Raquel Estrada, came to her son's defense and she also was in the courtroom with a lot of Hayward police officers, many of whom looked to be fighting back tears for the fallen officer. The Hayward Police Department and the Alameda County District Attorney's office did not comment on Friday.

9:45PM UPDATE: The location of the funeral for Sgt. Lunger has been moved to the Oracle Arena, due to capacity concerns. It will be held Thursday, July 30 at 10:00 AM.

Court documents reveal a lot of evidence was collected for this case. They say Estrada was shot on the left side and that he allegedly told a doctor that he was shot while sitting in his truck.

Supported by family and a defense attorney Raquel feels confident her 21-year-old son will be cleared.

"I'm devastated for the whole thing. Devastated for the officer who passed away, I'm devastated for my son," Raquel said outside of court.

In the courtroom, Estrada faced murder and firearms charges as well as special circumstance enhancements of murder of a peace officer, lying in wait and drive-by.

Hayward Police Chief Diane Urban and many officers packed the courtroom in solidarity of Lunger and their case. Their eyes were heavy with emotion, but none of them addressed reporters.

"I know there's no words that could even... touch...you know, to help them. I mean, I don't have the words, but I really feel for them too. I do," Raquel said.

Court documents say Lunger's partner heard brief verbal contact before Lunger was shot in the head. Those same documents outline investigators' evidence against Estrada. They say bullet holes through the seat of his truck are consistent with his wound and they recovered DNA evidence. Officers found a 9 mm gun near the crime scene and spent casings in the truck. They say surveillance video shows three people arriving at Estrada's home after the shooting and one person was limping.

"Reserve judgment until all the facts are in then we can answer those questions," defense attorney Richard Pointer said.

The judge denied bail. His next court appearance is scheduled for Aug. 25.

PHOTOS: Hayward police sergeant shot, killed

Lunger, 48, was shot near Myrtle and Lion streets in Hayward at about 3:15 a.m. on Wednesday after he and another officer stopped a truck that police said Estrada was erratically driving.

Capt. Mark Koller said Lunger, a 15-year veteran of the department who lived in Brentwood, was shot without warning as he approached the driver's side of the vehicle after he and the other officer stopped Estrada.

Lunger was pronounced dead at Eden Medical Center in Castro Valley a short time later.

The other officer returned fire at Estrada but Estrada managed to flee the scene, according to police.

Estrada abandoned his truck at 98th and Edes avenues in East Oakland and walked into San Leandro Hospital to be treated for his gunshot wounds, according to a probable cause statement filed by Hayward police Officer Robert Purnell.

Authorities contacted Estrada at San Leandro Hospital but eventually moved him to Highland Hospital in Oakland to be treated for his injuries, police said.

Estrada was released from Highland late Thursday and was booked into the Santa Rita Jail in Dublin.

Purnell said Estrada admitted to a doctor that he was shot while he was in the driver's seat of his vehicle while near A Street in Hayward on Wednesday morning but would not answer when he was asked who had shot him.

During a search of Estrada's residence in the area of 107th Avenue and Beverly Street in East Oakland, investigators found 9 mm ammunition, 9 mm casings and surveillance video which showed three people arriving at the house at 4:48 a.m. on Wednesday, one of whom was limping, Purnell said.

Purnell said the suspect's vehicle had bullet holes on the driver's side consistent with the bullets that were fired by the officer who was with Lunger.

Hayward Police Chief Diane Urban said Estrada doesn't have a prior criminal record but police believe he's associated with a gang.

According to Estrada's Facebook page, he was born in Mexico and attended Leadership Public Schools in Oakland, a charter school adjacent to Castlemont High School in East Oakland.

9:45PM UPDATE: The location of the funeral for Sgt. Lunger has been moved to the Oracle Arena, due to capacity concerns. It will be held Thursday, July 30 at 10:00 AM.

We're learning new details about how Sgt. Lunger spent some of his off-duty hours. He played baseball for the Tri Valley A's as part of the men's senior league in the East Bay.

Teammates tell us he brought the best out of his fellow players, competing even when he was hurt. He loved the game of baseball and was just as dedicated to his team as he was to his family and his job.

Tri Valley A's manager Tony Jackson, Sr. said, "After struggling shifts, getting off at 3, 4 in the morning he would make it to the ball field for a 9 o'clock start, at times 12 o'clock starts, but just different times of the day, always kind of sleeping in his vehicle, just to make sure he was there for the game."

The team will honor their mentor and friend this Sunday morning at 9:15, before their game at Granada High School in Livermore.

Click here for full coverage on the Hayward police shooting.