Police arrested a convicted murderer after responding to a call at the marina about someone smashing windows, authorities report. Photo: Christine Schwartz

Update, Tuesday, Aug. 25: Police arrested Marty Schwind, 43, Monday evening on suspicion of vandalism, criminal threats, brandishing a weapon and violation of probation after a standoff that began with an attempt to detain Schwind at West Berkeley’s Seabreeze market, authorities report.

According to Berkeley Police spokesman Officer Byron White, BPD responded at 5:30 p.m. to the L Dock parking lot at the marina after receiving reports of a man smashing the windows of municipal vehicles parked in the area.

When police arrived, they saw that man walking east on University Avenue, BPD said. Police tried to detain him near Seabreeze, White said, but he brandished two knives, one in each hand, at the officers. When police ordered Schwind to drop the knives, according to White, he ran beneath the pedestrian bridge and refused to come out.

An on-duty police negotiator tried to convince Schwind to surrender, White said, but he refused — telling officers he would fight them. After negotiations broke down, said White, officers fired foam projectiles at Schwind to get him to drop the knives. Instead, said White, Schwind swam out into the water — leaving his knives near the shoreline.

Schwind ended up swimming to a wooden pole about 75 feet away, White said. He held onto the pole for about 45 minutes as first responders worked to address the situation.

Since the water was too shallow for a Berkeley Fire Department boat to reach Schwind, BFD used a jet ski to reach him for a water rescue. Schwind initially refused their help, but he eventually grabbed onto the BFD floatation device firefighters offered him, White said. BFD towed Schwind to the shoreline, where officers took him into custody.

Schwind — who had no permanent address on file — was not listed as in-custody as of publication time, so limited information was available to Berkeleyside about his next court appearance. Police said Tuesday that Schwind was taken for a medical evaluation after his arrest.

According to Alameda County Superior Court records online, Schwind was placed on probation twice in 2019, for grand theft from a person and illegal possession of body armor. He is on probation through 2025, according to records online. Schwind also has a 2000 conviction for a murder in Solano County, according to court records online.

Update, Monday, Aug. 24, 8:30 p.m. The westbound direction of University Avenue (at West Frontage Road) is now open, according to a Nixle alert released by the Berkeley Police Department. Berkeleyside has asked for more information about the outcome of the incident.

Original story: Police blocked access to and from the Berkeley Marina on Monday evening while officers handle an incident there.

Just before 5:30 p.m., officers responded to the marina for a report of a man smashing car windows with a stick, according to BPD spokesman Officer Byron White.

When officers attempted to detain the man near Seabreeze market, he ran under the pedestrian bridge and armed himself with two knives.

Shortly before 7 p.m. one of the department’s on-duty negotiators was talking with the man in an effort to get him to drop the knives and surrender.

Witnesses described to Berkeleyside a large emergency response, including an estimated 13 police cruisers and two BFD vehicles.

Tracey Taylor

Tracey Taylor is co-founder of Berkeleyside and co-founder and editorial director of Cityside, the nonprofit parent to Berkeleyside and The Oaklandside. Before launching Berkeleyside, Tracey wrote for...

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108 Comments

  1. Why don’t you or anyone else apply those standards to The Gorge Floyd case or similar cases throughout the United States?

  2. it is possible that if found guilty, this offender is also found to be mentally deranged. would that our system had funds available so that at time of first offense, the offender is evaluated for all possibilities. instead of building for profit prisons, build less and staff more with better educated experts on human behavior so that offenders can be tracked, studied and stopped before violence occurs. no crystal balls needed, just experts, staff and budget. less jails, more staff, more accountability. if found guilty this perp must get life without parole even if found mentally incompetent.

  3. “What about a Hate Crime charge?”

    Can the DA get a conviction based on common sense?
    Or does the DA need proof beyond a reasonable doubt?

  4. As I said, it is hard to come up with large conservative cities. Try checking out the data I linked, finding a few, and reporting back to us.

    Eg, Indianapolis has worse crime than Chicago, I presume it is more conservative than Chicago, but it has a Democratic mayor.

  5. At this point it would be better if they just assigned math lessons straight out of Khan Academy and just made themselves available to answer questions or provide additional help. At least the Khan Academy instructors know the material and have ELMO projectors.

  6. No i don’t see the distinction at all. The PO IS mentioned in the Constitution and is not given a lower priority than other government functions. Roads are necessary for the “general welfare” of the nation, like the PO and like the military. None of those are presumed to “pay for themselves”. They are paid for out of budgets passed by Congress.

  7. The first week some (all?) King teachers were. But then the network went down and they moved to Jefferson or whatever it’s called now. The level of incompetence would be funny if it didn’t involve my kids.

  8. The most frustrating part of this is that these are all things BUSD could be doing. It’s not an issue of money at all.

  9. Sounds like a bunch of hippies got their asses kicked. Again. Wonder how the blind guy feels today about his stupid actions then?

  10. Wrong again: The federal government provides the budget and the funding for the PO and always has. Revenue generated is incidental to that funding and has never been the entire source in the history of the PO. (The Air Force may sell jets to Saudi Arabia and get revenue from the sales but the funding for the Air Force , like the PO, comes from Congressional appropriations that exceed whatever revenue comes in, and always have). Similar with “immigration and naturalization” services. They don’t “pay for themselves” and never have.

    Again: Please show us –anywhere in law, in the Constitution, or by citing any credible expert or source–where there is ANY legal obligation for the PO , as you say, “to pay for itself”. There is none.

  11. Agreed. But the teachers unions in other parts of the country are putting up a fight to do even that much. Do empty classrooms frighten them? I just don’t get it.

  12. Again, my heart goes out to the family, and the victim’s friends. For the rest of us, if anyone claims to ‘support BPD’ , perhaps we should respect the professional detectives on the force, and allow them to do the investigation instead of hunching over computer keyboards pretending to know all the motivations and factors in this case.

  13. Maybe the positive to come out of this online fiasco is that parents are now more aware of what has been going on in many classrooms all along. Lots of social justice stuff, touchy-feely stuff, and not so much skills/knowledge teaching.

    No textbooks?? My experience teaching in BUSD is that there is a general disdain for textbooks or workbooks or most anything not teacher created. Elementary teachers I worked with rejected math books, spelling books, reading texts, reading workbooks. Science books often weren’t even purchased.

    Formal instruction? Minimal. Group work and self discovery were preferred.

    So what you’re getting via Zoom may not be all that different from what your kids were getting in the classroom as far as actual teaching time. Conscientious teachers would not be settling for just a few hours per week of actual instruction. I know some who aren’t and really went above and beyond the bare minimum last spring.

  14. You’ve obviously never tried to do an eviction in Berkeley. Mere suspicion based on words and actions would never do–he’d have to commit a crime on the property first. And it’d still be costly and time-consuming.

  15. Of course not–this is Alameda County, where the career felons have far more rights than the victims. I’m sure she found out soon enough. He shoulda been in prison for life under 3 Strikes long before that–our dear DA deliberately avoids charges that would trigger it almost regardless of the severity of the crime.

  16. Wrong–we’re talking about the People’s Republic of Berkeley, not nationally. Here, there’s free legal help from several tenants’ rights (and wrongs) groups, and a very pro-tenant Rent Board. I’m a rent-controlled tenant myself, but believe in fairness. Ask any Berkeley landlord who’s tried to evict, or just read the couple of articles on eviction here:
    https://www.bpoa.org/articles.php

  17. Strangely enough, San Francisco has a relatively low crime rate of 715 while Oakland has a much higher rate of 1299.

    I honestly can’t figure out what is the cause of these large differences.

  18. It would be interesting to see some numbers. Look on the site I linked to find the rate of violent crimes, look up whether the government of each city is Democratic of Republican, and create a spreadsheet summarizing the data to show whether there is really a correlation between higher crime rate and liberal governments. Then we would actually have some data, rather than a claim based on pure right-wing ideology. .

    When I looked at that page, I found that the big problem in making this comparison was that almost all the cities had Democratic mayors. Tell us how many have Republican mayors and what their crime rates are.

    Meanwhile, to answer the request for more examples, Madison WI and San Jose CA have lower crime rates than NY — and far less than half the crime rate of Tulsa OK,

    I seriously would like to see a list of all the cities with Republican mayors and their crime rates, so we could make a more broad-based comparison, but I don’t have time compile one myself.

  19. I can’t answer your question because I have been away from there for many years and I know next to nothing about the current political situation.

  20. I don’t get your point – please clarify. I don’t see how I am inflicting more pain on the mother – I certainly don’t want to do that. I brought up the matter of Kenosha because it’s my home town, and I am shocked to see such things happening there.

  21. The original article said there was no evidence of robbery, but that doesn’t mean it is entirely ruled out. I strongly suspect that it was a racially motivated hate crime. Or maybe a combination of both – maybe the suspect assumed that since the victim was a young white man, he must have been rich and must have been carrying money and valuables.

  22. Thanks for link. Based on the daily schedule posted, College Prep is providing 4.6 hours instructional hours (not including advisory etc.) on Mon, Tues, Thurs and Fri. On Wednesdays, 5.25 hours are offered to 9th and 10th graders.
    Bayhill, a private school serving kids with learning differences, is offering 6 hours/day – distance.

    BHS kids of families that cannot afford private school tuition get 3 hours per day, 4 days of the week. How do BHS kids stand a chance?

  23. I loved People’s Cafe and really hoped their business plan would take off. Sorry to see it go!

  24. You will, I trust, allow that the man has been on the job for just over a couple of months. Of course he didn’t know who ordered the overhauls. That happened very early in Obama’s administration. It’s patently ridiculous to haul someone in for a hearing when they’re so new to the position. His responses — when he was allowed to provide them — were perfectly reasonable. Maybe you can provide a source for your claim that he’s being mendacious?

  25. This may constitute a Willie Horton moment if the RNC decides to use it. Remember, Dukakis was ahead of Bush in the polls of summer, 1988. Until Willie Horton.

  26. You really must learn how to do your own research. The postal service, like other government services such as immigration and naturalization, is financed out of the revenues it receives from those who use the service.

  27. No need to check, I have it memorized. You will, I trust, acknowledge that providing for the common defense and general welfare are on-going activities that are qualitatively different from establishing post offices and roads.

  28. The other school (Cragmont) schedule: twelve 45 minute periods w/primary teacher, five with supplemental classes (science, dance, music, etc).

    My kid’s school (Malcolm X): five 45 minute periods w/primary teacher, three with supplemental (music, science PE).

  29. If anything just for vehicular safety. Last time I took the onramp going South, there were about 10 people hanging out ON the onramp, tons of debris, dogs, bbqs, whatever.

  30. How sad! Beauty’s wood fired bagels were the best I’ve had anywhere in the bay area and Wise Sons’ are average, at best. Wise Sons simply doesn’t cut the mustard.

  31. Thanks for your expression. Berkeleyside did an exhaustive review of the potential assailant’s record. I hope they will continue following this case with equal rigor and his family will receive continuing support.

  32. You know what the saddest thing about this is? Parents in Berkeley have gone from outrage at the ineptitude of BUSD to pure resignation.

    I think that people’s confidence in BUSD took a big hit this spring, but there was a glimmer of hope that they would use the summer wisely and come up with a competent plan for the fall.
    Now that we see that this fall, and potentially this entire school year, is going to be lost again, I think people have just given up. Having 3 kids, I talk to a lot of parents. This is just what I hear. People are done. Those who can are moving to private school. For many of those who can’t, they are having to accept that their kids are going to lose 1 year + of their education. The damage from this to people’s perception of public education is going to be long lasting.

    It’s a tragic loss, but I’m not surprised. I’ve had at least one child in BUSD for 13 years now. I’ve spent years on PTA and SGC. It’s never been well run. The district, much like the city, is bloated with people who like to talk about process but do very little leading. That’s the problem with a city culture where everything is politicized and turned into identity issues. No decisions can be made because there is always some group looking for a way to block any change based on some perceived slight.

    I’m sorry to say it, but we’re seriously considering moving. Between the dysfunctional school system, the astronomical property tax, and the seeming desire to attract as many homeless encampments to Berkeley as possible, it’s just not liveable here anymore.

    What happened to this amazing city?

  33. We too have had many fiascos so far.
    My older son’s math teacher can’t move forward with the class because the school issued the wrong textbook. No word on when they will get the new one.
    Lots of failures with Zoom and Clever. Kids getting stuck in waiting rooms or kicked out.

  34. Would be interesting to ask him and Bartlett how they wound up embracing defund the police after making these statements and not following through. After all, nothing happened in Berkeley to cast our department in a poor light.

  35. In closing remarks, Mayor Arreguín told attendees he and Councilman Bartlett are committed to putting in place a plan to increase resources “so we have a visible police presence.” He described the BPD force as “incredible,” but said the department has struggled due to limited staffing for patrol and to respond to crime adequately.

    “That is something we will begin to address, to expand the force,” Arreguín said.

    He said he and Bartlett are also exploring, with BPD Chief Andy Greenwood, the possibility of a crime suppression team focused on violent crime and crime trends. The team, he added, is something “we want to put in place immediately, as quickly as we can.” He said after the meeting that it would take a council vote to bring back that team, and that the item would need to go on a future council agenda, as yet unscheduled, for discussion and a vote.

  36. I could not agree more.
    The district and the teachers(union) have done NOTHING!! NOTHING!!! to prepare. They are a big failure!
    It is a disgrace and a shame that this is what they came up with after months of “planing”
    There are many many solutions they could have approached instead we have this.

    I really hope people sue them until they get dizzy.
    I know I will never ever vote for a salary increase or any other measure that benefits them again. They treat their community like garbage and in the times of need they failed.

  37. They could record classes in depth. They could record support materials for parents on how to help a 7 year old with writing.

    They could rotate groups of six students/day through live instruction.

  38. The teachers should be required to teach from their classrooms even if the students are remote.

  39. A few weeks ago, two homeless men were reported to BPD. One guy appeared asleep or maybe unconscious or maybe dead. This was just outside the downtown Target entrance, next to stair entrance to BART. FIVE squad cars, ten cops, were dispatched to the corner of Shattuck & Allston, with most of the cops standing around while they waited for someone to decide the sleeping/unconscious guy was not dead.after a very long time with all those cops pacing about, the lead cops declared the situation resolved and most of the cops slowly left. I saw this unfolding and deliberately waited to see what would happen. No medical personnel ever showed up. If they were worried about the sleeping/unconscious guy, why didn’t BPD summon an ambulance? Surely this this city overspends when it dispatches ten cops for a non-violent interaction with a citizen?

    I once witnessed six cop cars show up at gas station with a store. Six cop cars, 12 cops, for a shoplifting teen. Guess what race the teen was?

    I am wondering if too many cops are adrenalin junkies?

  40. All that effort for what, though? The DA will slap him on the wrist and he’ll be back out on the streets in no time. Our court system is just a revolving door for the homicidally mentally ill and someone like this will just keep getting let out over and over again until he finally kills someone.

  41. Truthy Han. They know the actual facts. They know how the camps work. Thats what makes it so frustrating. Mayor McCheese just wants photo ops and a few headlines. Tough love is what is needed. Talk to BPD personnel. Talk to BFD heroes. They will tell you what’s up.

  42. Thanks for covering this story and committing to follow it through the courts. I see that many of our B-side patriots (presumably defenders of the constitution) are responding as if the story were about a conviction rather than the arrest and filing of charges that you report. Unimportant legal details I suppose. My heart goes out to Seth’s mother, whose moral compass is remarkable in the midst of her pain.

  43. Oddly none of them seem to be getting Covid-19 despite not wearing masks or practicing any form of social distancing. Seems like something that ought to be studied but the media is largely turning a blind eye to the issue.

  44. Methamphetamine addiction is something we will have to deal with as a society sooner or later. No getting around it folks. Also- the RNC was a disaster tonight. So twisted.

  45. Interesting that our nearest neighbor, Oakland, has one of the highest crime rates in the Nation. Coincidence?

  46. There seem to be a shocking number of career criminals in our fair hamlet of Berkeley, California.

  47. I would not restrict it that narrowly. Let’s face it; Berkeley is FULL of idiots, some of whom are criminals, others who are homeless, some of whom are just Crazy, Man, and still others who blog on B-Side. My point was if the BPD responded with overwhelming force every time there was some weird occurrence, which appears to happen all the time in our Lovely Green City by the Bay, then you’d need double the force, not half of it.

  48. I’m very glad they have charged someone for this murder and kudos to Berkeley PD for their work. There is a question that is being skirted around though. Was the young man robbed before being shot? Or was this, as I think many suspect, a racially motivated hate crime. It’s time to answer this question.

  49. I was really hoping they would use this Fall when we have a lot of good weather to embrace limited outdoor in-person (with masks, separation) instruction. Its a chance to get to put a face to the new people you will be interacting with digitally, and to get a feel for the instructor’s way of leading the class.

    Unfortunately, it never seemed to be under consideration.

  50. All agreements between public sector unions and the City (or school district in this case) should be made public, along with the formal offers made during negotiations, something like 6 months after the final agreement takes effect. Otherwise how can the tax paying public know if it is wise to vote for the next bond to increase salaries ?

  51. Four strokes? Are you sure? They need a valve train, oil pump, and other stuff that I think would make it too heavy to carry on your back.

  52. This is what Berkeley citizens get for paying the highest taxes in the country I guess.
    Hopefully he gets locked away forever, and his cost as a parasite on society will be borne by a larger segment of people.

  53. Sounds like they had the right amount of people there. Peaceful resolution, no one injured.

  54. I am 72 years old with no criminal record of any sort. Like everyone else in California, I need to get a background check if I want to buy target ammunition for a round of skeet. Do you feel safer now?

  55. This will not change anytime soon! Our city council enables this behavior and spends millions of dollars on programs that attract more and more criminal, insane and drug addicted homeless to Berkeley. On top of that the city council demonizes our police department and does everything they can to break the department apart and take away their tools and ability to fight crime to keep us safe. Please remember to vote, we need to change our city council.

  56. As a felon he was not allowed to own a firearm, so how could he possibly have a pistol? Only more draconian common sense gun restrictions will prevent criminals from breaking the law.

  57. Curious if that is 8 @ 45 minutes with their primary teacher or once a day with their grade-level teacher then additional science, PE, and music once a week for 45 minutes each, which is similar to our school. Also wondering if the same curricula is being taught at each school through the same websites or if each school chooses its own curricula.
    A challenge all around.

  58. They’ll never tell you. The teachers are dead set against reopening until there is a vaccine. In the meantime they’ll call themselves “essential workers” just like doctors and nurses and bus drivers even thought they’re sitting at home working 3 hours a day.

  59. Acknowledging that the riots are not peaceful protests is not “fanning the flames of racial divisiveness.”

    [This comment has been moderated. -Eds]

  60. Protests against what?

    The police tracking down and charging a man for homicide after a difficult investigation?

    The protests have been a response to inaction by police to hold people accountable for violent assaults and yes, murders. Often, police officers themselves whose actions were filmed for all to see. Police arresting and detaining suspected criminals after a thorough investigation to find the truth is exactly what they’re protesting for.

  61. I’ve noted before now that BPD often flies a dozen cars to an incident. All-too-often, we don’t hear anything about the reason. It’s definitely something that I think Chief Greenwood should explain.

  62. Today, a high school teacher said ZOOM was not working so they made the class “independent study”. My kid watched videos with the sub for another hour.

  63. It’s hard to believe that Berkeleyside’s reporters wouldn’t report gunfire if it happened, so I’m going with, “It didn’t happen the way you describe.”

  64. The district’s hands are not tied, there’s a huge range between 12 hours/week of online instruction and completely in person instruction where lots of creative solutions could have been tried. They’re basically doing the bare minimum to get the ADA money for each kid and nothing more.

  65. Davila (city council member for District 2) this blood is on your hands as one of the most vocal advocates for defunding the police. District 2 taxpayers please boot this candidate out on November 3rd. Please also understand Davila can still win her seat back even if she doesn’t get the majority of votes. A silly thing happens in Berkeley that “Ranked Choice” can bring a losing candidate back into the fold. Voters must not vote for Davila for any of the ranked choices. Voter beware!

  66. Berkeley’s positivity rate is 1.88%, and it has never been much over 2. How low would it have to go for the district to be willing to apply for a waiver to have in-person instruction, at least for Pre-K through 3 or 5?

  67. Sounds perfectly credible to me. The article says that the police fired foam projectiles at the guy (that might have been added since you read it), which might well have sounded like regular gunfire.

  68. Many years ago, a friend told me that the happiest day of her life was when her youngest child graduated from Berkeley High and she didn’t have to deal with the schools ever again.

  69. Her account is probably accurate. What she may have heard was the police firing the foam projectiles. It’s sad you can’t take your kid to the waterfront because of the crazies located there. Same goes for many of the parks, even those with play structures.

  70. They are protesting a police action. If they protested every time a black person was killed (usually by another black person), then maybe someone would do something so that fewer black people are killed (hint: not defund police).

  71. Most of the students highlighted here are from this same smoky area – 4 from Oakland, 1 from SF. 2 others from SoCal, very familiar with smog and smoke.

    But yes, we all hope this air clears up soon.

  72. The camps/garbage dumps at the entrance to the marina, the City of Berkeley´s crown jewel of waterfront property, must be permanently removed. The crime and filth is acceptable. It is totally apocalyptic. Children and families need to be safe when visiting our marina. The marina has become, in part, a cesspool of criminal activity, robbery, gunfire, drugs, and knives. Scott Peterson decided it was the perfect place to dump the body of his dead wife. Blanchard decided the marina was the place to abduct a 3 year old from her parents. https://berkeleyside-newspack.newspackstaging.com/2020/02/04/berkeley-man-charged-with-trying-to-kidnap-girl-3-to-commit-a-sex-crime
    Why do criminals think Berkeley is a perfect place for criminal activity? -Because our so called ¨leaders¨ tolerate relentless criminal activity, and ignore the people that pay the taxes that pay their salaries.
    When will we feel safe when our kids decide to ride their bike alone to the marina?

  73. We removed our kids (one in elementary and one in middle school) from BUSD this year. Opted for homeschooling. The choice was easy since we lived abroad in the past and had a great homeschooling experience. Our observations of the distance learning process in the spring (especially for our middle schooler) lead us to withdraw from BUSD. We appreciate the effort but essentially it’s just too chaotic, inconsistent and counterproductive from an educational and developmental perspective. I can’t say I really blame BUSD; these are really challenging circumstances. At the end of the day though, it’s the most beneficial choice for our kids right now.

  74. This guy was convicted for attempted murder in 2000 which makes him a felon. Nice guy, two knives. Sounds like he is psychotic, dangerous to others and should be place in a mental institution for treatment.

  75. What you are attempting to do is the exact thing Seth Smith’s mother did not want anyone to do. So congratulations you are inflicting more pain on a grieving mother.