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FATAL CHP PURSUIT CRASH – LAWSUIT ONGOING

Oakland Pursuit Crash That Killed Teacher Heads Back to Court Against CHP

Beverly Law
Published by Beverly Law
September 25, 2026 · 4 min read
12th Avenue at East 21st Street, Oakland, CA
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Street View of 12th Avenue at East 21st Street in Oakland’s Clinton neighborhood, near where the fatal 2025 CHP pursuit crash occurred. Source: Google Maps.
KEY DETAILS
DATE & TIME
May 28, 2025, around 7:45 p.m.
LOCATION
12th Avenue at East 21st Street, Oakland, CA
VICTIM
Castlemont High School teacher Marvin Boomer, Jr. was killed; his partner, Nina Woodruff, was seriously injured, allegedly suffering a traumatic brain injury and multiple fractures.
ROAD CLOSURES
Local reporting describes a severed fire hydrant and a damaged tree left at the scene; no formal road-closure details have been released.
INVESTIGATION
The fleeing driver, Eric Hernandez Garcia, was arrested and charged with vehicular manslaughter; a related civil suit against Oakland and the California Highway Patrol remains pending in federal court as of September 2026.

A California Highway Patrol pursuit through East Oakland ended in tragedy on May 28, 2025, when the fleeing driver’s car struck a sinkhole near 12th Avenue and East 21st Street, veered into a fire hydrant and a tree, and sent debris into two pedestrians on the sidewalk. Castlemont High School math teacher Marvin Boomer, Jr. was struck and killed instantly; his partner, Nina Woodruff, was seriously injured, allegedly suffering a traumatic brain injury and multiple fractures. The driver, then 18-year-old Eric Hernandez Garcia, was allegedly traveling at speeds close to 100 mph when he lost control. He was arrested and charged with vehicular manslaughter and remains held without bail. More than a year later, the case remains a flashpoint over CHP pursuit policies in residential neighborhoods.

According to Courthouse News, a federal judge in San Francisco indicated this week that he is likely to dismiss several claims in the resulting civil suit, including allegations of state-created danger, unless individual CHP officers involved in the pursuit are named as defendants. U.S. District Judge William H. Orrick declined to dismiss the wrongful death and negligence claims outright, but asked attorneys for the state and CHP to submit further briefing on whether a state law shielding law enforcement from liability in pursuit-related collisions applies here. The lawsuit, filed by Boomer’s family against the City of Oakland, the Oakland Police Department, the California Highway Patrol and Hernandez Garcia, remains pending in the U.S. District Court for the Northern District of California.

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Courthouse News Service
@CourthouseNews · Sep 24, 2026

Judge asks for more evidence in civil suit against Oakland, California Highway Patrol over fatal vehicle collision

Courthouse News Service
Photo: Courthouse News Service
Sep 24, 2026 · View on X

Where It Happened

12th Avenue and East 21st Street in the Clinton neighborhood of East Oakland, California

Interactive map — crash location
Street View — crash location
SOURCESCourthouse News Service·The Oaklandside

What the Law Says

California Vehicle Code Section 17004.7 shields a public agency from liability for a bystander injured during a police pursuit, but only if the agency has adopted and trained its officers on a written pursuit policy that meets specific state standards. If the policy falls short, or officers pursued in a manner beyond what it allows, that immunity can be challenged in court, which is why the judge in this case asked for more evidence before ruling. Courts weigh the pursuit policy on file against what officers actually did on the road.

California’s wrongful death statute, Code of Civil Procedure Section 377.60, allows a decedent’s surviving family members, such as a spouse, domestic partner or children, to bring a civil claim for the losses caused by a fatal collision, including funeral costs, lost financial support and loss of companionship. A separate negligence claim, like the one still pending in this case, lets an injured survivor, such as a bystander hurt in the same incident, seek her own compensation for medical bills and lasting injuries.

This summary is general information, not legal advice. Every case depends on its specific facts.

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If you lost a loved one in this accident, our attorneys can help you understand your options. Free consultation, English & Spanish, and no fee unless we win.

Editorial note: Beverly Law publishes accident reports as a public service, based on information from official traffic authorities, local news outlets, and public records. If you are a family member of the victim and would like information added, corrected, or removed, please contact our editorial team: intakeassistant5@beverlylaw.org

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