A UC Berkeley student says a man chased her into her secured apartment complex on Berkeley Way on the night of Sept. 15, and even after police identified him the next day, he was not arrested.
Surveillance video shows the student, identified only as Eden for safety reasons, hurrying into the gated complex around 8 p.m. Moments later, a man climbs over the locked gate and appears to follow her inside while holding an object that was initially reported as a knife.
Berkeley police later said the object was likely a barbecue lighter and that there was no direct physical contact between the man and Eden.
Eden told ABC7 she had been walking her dog on Berkeley Way when the man made strange gestures, approached her and then began running toward her. She made it into the building and to an elevator before he could see where she went.
“I shut the gate behind me, heard him and saw him climbing the gate,” Eden told ABC7.
Police Response Delayed
The Berkeley Police Department said it received Eden’s 911 call at approximately 8:04 p.m. Patrol officers were tied up with other priority calls at the time, including a domestic violence incident and a report of a missing person considered at risk. According to Eden, officers didn’t arrive until about an hour later, and by then the man was gone.
The following night, at approximately 9:24 p.m., police got another call reporting a man lying on a sidewalk near Berkeley Way and Walnut Street. Officers responded, detained him and confirmed he was the same man involved in the alleged trespassing the night before.
He was not arrested. The Berkeley Police Department said California law generally bars officers from making a warrantless arrest for a misdemeanor unless it occurred in their presence, and because the alleged trespassing happened the previous day, officers said they had no legal basis to take him into custody on that charge alone.
Case Now With Prosecutors
Investigators instead referred the case to the Alameda County District Attorney’s Office, which will decide whether to file criminal charges. ABC7 reported the DA’s office confirmed it was reviewing the matter and that no charges had been filed as of Monday.
Eden told ABC7 she was stunned that a man could allegedly chase her into a locked building and still walk free once police had identified him, and she called for stronger laws and greater protections for residents.
UC Berkeley and the Alameda County District Attorney’s Office did not immediately respond to requests for comment.
