An alleged road rage confrontation in Castro Valley that left a father of 9 dead last weekend took a turn Thursday when the other driver, who had been arrested on suspicion of murder, was released from jail “pending further investigation.”
Alameda County law enforcement officials have remained tight-lipped about the circumstances surrounding the confrontation Saturday evening that ended in the death of Jason Elola, 49, of Tracy. But the release from custody of Martin W. Davis Jr., 37, suggests he might have a self-defense case.
“This will be a very case specific analysis on the issue of self defense,” said legal analyst and former prosecutor Steven Clark, who is not representing anyone involved in the case. “It doesn’t mean there won’t be charges. It just means that the DA said we need more information before we can start down the road of a murder.”
The only detailed information released so far has been from Elola’s family. His widow, Gabrielle Elola, has told reporters that she, her husband and their two young daughters were cut off by the other vehicle near the Highway 580 offramp at about 7:30 p.m. Saturday. She said their Subaru was struck by Davis’s SUV near the intersection of Wilbeam Avenue and Norbridge Avenue. Her husband got out of the car to approach Davis, she said.
“The only thing that is clear is that my husband was protecting us and that we were scared, and that this person, he didn’t have to take my husband,” she told KTVU news.
Authorities say that Davis left the scene, called CHP to report the incident, then returned upon CHP’s request. Elola was taken to the hospital, where he died.
The Alameda County Sheriff’s Department has made no mention of any weapon. The county coroner’s office on Thursday provided no cause of death.
“If there was no weapon involved and it was just an altercation — he came at me, I struck him, he fell down, hit his head and died — you’re allowed to use reasonable self defense,” Clark, the legal analyst said.
Law enforcement is still investigating, looking for witnesses and any possible surveillance video.
“Information is still to be gathered in this case,” Clark said, “but it certainly is a very sad case, and it’s a cautionary tale on getting out of your vehicle and confronting somebody in a situation like that.”