Man shot by Livermore police during a 2020 DUI stop pleads no contest to assault on a peace officer
Police had pulled over another driver before the chaos erupted on Jan. 22, 2020.
A man who allegedly aimed his vehicle at Livermore police before they shot and wounded him nearly three years ago has pleaded no contest to assault upon a peace officer, according to Alameda County court documents.
The Alameda County District Attorney’s Office originally charged Matthew Kelly, 41, with attempted murder for his actions on Jan. 22, 2020. Prosecutors are no longer pursuing that charge.
Kelly suffered a single gunshot wound to his leg when Livermore police officers fired at him during a traffic stop on Airway Boulevard in Livermore, just south of the Kitty Hawk Road intersection near Interstate 580.
According to police, officers had pulled over a person suspected of driving under the influence at about 3:25 a.m. As the officers walked that driver off the roadway and onto a private access road, Kelly drove up in a Kia Soul.
Police said Kelly accelerated the Kia deliberately toward the officers in an attempt to run them over.
Two Livermore officers fired as they scattered, police said. Only Kelly was injured.
The Kia stalled after it tried to make a U-turn on the access road. Kelly eventually got it to start and briefly drove it past police before stalling again, police said.
Medics treated him at the scene and an ambulance took him to a hospital. His injuries were not life-threatening.
Information on Kelly’s sentencing was not available immediately. Livermore police did not respond immediately to a request for comment.