Office of the
District Attorney
Alameda County
Nancy E. O'Malley, District Attorney

Recent Verdicts

MAY 2013

Felony Verdicts

  • On May 17, 2013, a jury found Jerry Brown guilty of two counts of sodomy, two counts of oral copulation, one count of false imprisonment, one count of kidnapping with the intent to sodomize and one count of kidnapping. Between June of 2008 and April of 2009, the defendant drove around Oakland and Berkeley intent on finding women to kidnap and sexually assault. During this time frame, he picked up four separate women he believed to be prostitutes. Once the women were inside his car, the defendant impersonated a police officer, threatened the women with arrest and demanded they do what he said. In two cases, the defendant violently sexually assaulted the women. In the other two cases, the women were able to escape the defendant before he was able to carry out the sexual assaults. The defendant faces a maximum sentence of 50 years to life when he is sentenced on June 28, 2013. The prosecutor was Amanda Chavez with assistance from Inspector Gus Galindo.
  • On May 13, a jury convicted Gregory Jefferson of being in possession of a concealed, loaded and stolen firearm and carrying a concealed, loaded, stolen firearm in a vehicle. The verdict stems from an arrest on January 18, 2012 where Mr. Jefferson was observed by undercover officers conducting covert surveillance to thwart street level gun and drug crimes placing an object in the front seat area of a Bentley in East Oakland. Mr. Jefferson was pulled over shortly after as he was riding as a passenger in another vehicle and was found in possession of a disassembled Glock pistol which was registered to him, as well as a large amount of currency. Officers then obtained a search warrant for the Bentley and found a fully loaded 9mm. Sig Sauer Pistol under the drivers front floor mat. The gun found in the Bentley was stolen from Daly City Police officer’s person vehicle in 2007. The prosecutor was DDA Matt Gaidos.

  • On May 9, 2013, a jury convicted Christel Johnson of the second degree murder of her eight year-old daughter Lylah Johnson, who was severely disabled and suffering from brain damage, cerebral palsy and scoliosis.On March 11, 2011, the defendant placed Lylah inside the defendant’s minivan, which was parked in the garage.The defendant attached a vacuum hose to the minivan’s exhaust pipe and placed the other end through one of the van’s rear windows. Lylah was found unconscious in the minivan with the engine still running. The defendant was also found in the garage. Both Lylah and the Defendant showed symptoms of carbon monoxide poisoning. Lylah's cause of death was 82% carbon monoxide intoxication. The prosecutor was DDA Danny Lau.

  • On May 9, 2013, a jury convicted Jacob Castro of conspiracy to commit murder. In 2011, Hayward Police investigators learned that gang members were plotting to kill a man and his family in San Leandro. Defendant Jacob Castro was the gang member coordinating the murder plot. Castro directed other gang members to carry out the killing.The Hayward Police initiated an intensive undercover investigation. Castro and his co-conspirators were arrested before they could carry out their plan. Castro faces a sentence of life imprisonment with a minimum term of 25 years before he can be considered for parole. The prosecutor was DDA John Brouhard.

APRIL 2013

Felony Verdicts

  • On April 29, 2013, a jury convicted Stephon Anthony, Rafael Campbell, Samuel Flowers and Anthony Price guilty of first degree murder with gang enhancements, use of a gun, and special circumstances for the killing of Charles Davis. The defendants were also found guilty of two counts of second degree murder for the killings of Todd Perea and Floyd Ross Jr. Additionally, each defendant was found guilty of two felony counts of causing death during the flight from a pursuing peace officer. On May 16, 2009, the four defendants - members of the North Side Oakland street gang - drove to 10th Street and Allston Way in Berkeley with the intention of killing a member of a rival gang. Unable to find their intended target, the four decided to instead kill his brother, Charles Davis, a college student who was home on break. Fleeing the scene of the murder, the defendants clipped a Berkeley Police Department patrol car. A high speed chase ensued through the residential neighborhoods of South Berkeley and North Oakland. The chase came to an end when the defendants ran a stop sign at Aileen Street and Martin Luther King Jr. Way in Oakland at a speed of 60 miles per hour, crashing into the car of victim Todd Perea. The impact killed Perea instantly and sent his car careening onto the sidewalk where it hit pedestrian Floyd Ross Jr., who was also killed instantly. The defendants face life sentences when they are sentenced on July 12, 2013. The prosecutor was DDA Steve Dal Porto.

  • On April 16, 2013 a jury convicted defendant Marcus Ward of the first-degree murder of Michael Schenk, and of being a felon in possession of a firearm, both offenses having occurred at approximately 10:00 p.m. on October 5, 2011 on Favor Street in Oakland. The murder was committed while defendant was engaged in an attempted robbery. The defendant will be sentenced on May 10, 2013. The prosecutor was DDA Greg Dolge.

  • On April 16, 2013, a jury convicted Donald Tremayne Britton of first degree murder for the killing of Leo Dunson. The victim had been making unwanted advances on the defendant’s sister for some months prior to the murder. The defendant’s sister asked her brother to confront the victim and get him to stop harassing her; the defendant said that he would “handle the problem.” On June 4, 2011, the defendant walked up to the victim as the latter was fixing the tires on his car (which had been slashed) and shot in the head. The prosecutor was DDA Stacie Pettigrew.

MARCH 2013

Felony Verdicts

  • On March 28, 2013, Abraham Hade was convicted of the murder of Osana Futi. In December of 2010, the victim's close friend Justice Afoa was assaulted and killed, allegedly by norteno gang members. Futi arrived on the scene in time to watch his friend die. For this reason the victim carried a lot of anger toward nortenos. In April of 2012 Futi arrived at a house party in Irvington at which several nortenos were in attendance. When a fight broke out, some bystanders began yelling "norte" in support of the nortenos who were fighting. The victim confronted one of the norteno supporters, telling him "Don't say 'norte' around me. You guys killed my brother." The two began to fight; Futi won. After winning the fight, the victim challenged any other norteno to fight him. Two other partygoers challenged victim, who knocked them both to the ground. At this point someone stabbed Futi with a 12-inch long knife , severing his femoral artery. Witnesses saw the defendant holding the knife immediately after the stabbing. Although participants attempted to conceal the evidence and take the rap it was eventually determined that defendant Hade was the one who had committed the murder. The prosecutor was DDA Elgin Lowe.
  • On March 28, 2013, a jury found the defendant, Mark Andrew Cowart, guilty of seventeen counts of sexual abuse. He was held accountable for seventeen counts of forcible rape, oral copulation, sodomy, sexual penetration and incest. This abuse occurred from 2002-2010 in Hayward, CA and was eventually reported in 2011 by the victim to Hayward Police. The jury came back with a swift verdict on all counts. The sentencing is scheduled for April 18, 2013 by the Honorable Winifred Smith.The prosecutor was DDA Samantha Kim.
  • On March 22, 2013, a jury convicted Brent Lyons of assault by means likely to produce great bodily injury, carrying a loaded firearm in the city and carrying a concealed firearm within a vehicle. On November 4, 2011, the victim was hanging out at the defendant Lyons's apartment. The defendant and the victim were in a dating relationship at the time. Defendant Lyons had spent the night drinking, and when the victim told him that she was leaving he flew into a violent rage, throwing her to the ground and repeatedly punching her in the face. The victim managed to escape the apartment and as she drove away she heard what she believed to be three gunshots. Minutes later she flagged down an Oakland Police Officer and asked that he follow her home. When they reached her house the defendant drove by and the victim pointed him out. The defendant was pulled over three blocks away and officers located a loaded, semi-automatic, .45 caliber Glock inside his car. The victim testified at the preliminary hearing that she had made the whole thing up, that two women had beaten her up in a drug deal gone bad, and that she had only blamed the defendant because she was upset with him. She refused to come to court, even after being personally served, so her preliminary hearing testimony was read to the jury. The prosecutor was DDA Luis Marin.
  • On March 21, 2013, a jury found Sheila West guilty of attempted voluntary manslaughter, assault with a firearm, and of being a felon in possession of a firearm. On March 16, 2012, the defendant and the victim were at Club 21 in downtown Oakland when they got into a verbal argument in which the defendant was accused of being a snitch in a pending case. As both parties were leaving the club, the victim and a friend ran up to the defendant’s car and began fighting the defendant while she was seated in the driver’s seat. Within seconds, the defendant reached for a loaded gun she had inside the car and began shooting. After the first or second shot, the victim fell to the ground and the fight ended, but defendant then got out of the car and continued shooting at the victim as she laid unarmed in the middle of the street. The defendant fired a total of 5 rounds at the victim, hitting her with 2 bullets. One of the bullets hit the victim in the back and lodged within a ½ inch of her spine. The other bullet hit the victim in her chest and caused major internal injuries to her small intestines and her colon. After shooting the victim, the defendant kicked her while she was on the ground, yelling “Now what, bitch?” The Prosecutor was DDA Allyson Donovan.
  • On March 20, 2013, a jury convicted George Huggins for the murder of victim Jinghong Kang, along with three other felonies. On the evening of July 18, 2010, Mr. Kang, a resident of Fairfax, Virginia, was in the Bay Area to interview for a job at Google the next day. Mr. Kang had his teeth cleaned by a friend Hai Huang at her dental office on Webster Street in Oakland. As Mr. Kang and Ms. Huang sat in Mr. Kang's rental car outside the dental office, the defendant and his girlfriend, co-defendant Althea Housley, approached. Ms. Housley grabbed Ms. Huang, threw her onto the ground, and demanded money. The defendant pointed a .22 caliber firearm directly at Mr. Kang and demanded money. Despite the fact that Mr. Kang completely complied with the robbery, the defendant fired three shots at Mr. Kang, including one that ripped through Mr. Kang’s heart. Defendant and Ms. Housley fled the scene with the victim’s cash, GPS unit, and credit card. Police obtained surveillance footage that showed the defendant and Ms. Housley walking prior to the murder, which was broadcast by local media. A citizen contacted the police department and identified the people in the video. Police then arrested Ms. Housley, who eventually told police that the defendant was the shooter. Ms. Housley also admitted to police that she and the defendant had robbed two people on June 21, 2010. At trial, Ms. Housley testified against the defendant pursuant to a plea agreement. The defendant faces a sentence of life without the possibility of parole when he is sentenced on April 18, 2013. The prosecutor was DDA Tim Wellman.
  • On March 6, 2013, a jury convicted Casey Turner of one count of murder and two counts of attempted murder for his role in the 2010 shoot-out that left James Allen Jr. dead. On March 27, 2010, Turner opened fire on Allen and his friends as they were leaving an apartment building in East Oakland. Allen returned fire before collapsing from a bullet wound to the chest. Bullets grazed two other victims, but did not kill them. The defendant and all three victims were teenagers at the time of the shooting. The prosecutor was DDA Butch Ford.
  • On March 6, 2013, a jury convicted Brian Brown of the murder of James Wilkins. The defendant and victim had an ongoing feud, and defendant Brown had announced his plans to kill Wilkins as early as January of 2010. On July 23, 2010, defendant Brown shot Wilkins as the victim sat in his Toyota in front of a market in East Oakland. There were several witnesses on the scene. When police and paramedics arrived on the scene, Wilkins identified Brown by his street name "Pow" before losing consciousness. Meanwhile, the Defendant fled to Sacramento. OPD Officer Omega Crum tracked him there by pinging the defendant’s cell phone. Brown refused to surrender when Sacramento Police Department officers surrounded the fugitive at his cousin's apartment, and so a SWAT team was called. After firing tear gas into the apartment, the SWAT team entered but found nobody there. However, they observed that a large hole had been punched through a bathroom wall into the neighboring apartment. SWAT team members shot tear gas into that residence as well, at which point the defendant surrendered himself. When he was turned over to the custody of Oakland Police Department officers, he attempted to bribe transporting officers Clifford Bunn and Omega Crum into setting him free for $80,000. The officers declined. The prosecutor was DDA Mas Morimoto.

Misdemeanor Verdicts

  • On March 25, 2013, a jury found Gilbert Palomino guilty of driving under the influenceOn. March 27, 2011 at 11:45pm defendant Palomino, tried to pull his truck around a CHP car that was blocking the southbound lane of Hansen Road at Hidden Lane in Hayward. When the officer spoke to the defendant and his passenger to explain the road closure, he smelled alcohol coming from within the car. The officer conducted field sobriety tests and concluded that the defendant's performance was consistent with someone under the influence of alcohol. The defendant refused a preliminary alcohol screening test. Upon arrest, the defendant refused to provide a blood or breath sample to determine his blood alcohol level. The prosecutor was DDA Kelly Kramer.

FEBRUARY 2013

Felony Verdicts

  • On February 15, 2013, a jury convicted James Timothy McCarthy of thirteen counts of continuous sexual abuse, aggravated sexual assault and rape of a minor under the age of 14. The defendant is expected to be sentenced to a life term in prison on March 18, 2013. The prosecutor was DDA Casey Bates.

  • On February 13, 2013 a jury convicted defendant Gregory Gadlin, of the first-degree murder of Evan Meisner, and of being a felon in possession of a firearm. Both offenses occurred at approximately 1:40 a.m. on March 31, 2011 on Lyon Avenue in Oakland. The murder is believed to have occurred as a part of a robbery. The defendant will be sentenced on March 29, 2013. The prosecutor was DDA Greg Dolge.
  • On February 11, 2013, a jury convicted Frank Austin of second-degree murder, and use of a knife in the killing of his long-time girlfriend, Vernita Jones. On July 4, 2011, defendant Austin beat Ms. Jones with his fists, and possibly a cane, causing broken bones and extensive bruising. The cause of death was determined to be loss of blood from the 66 stab wounds she received from defendant Austin’s kitchen knife. Instead of summoning medical help, defendant Austin waited for two days while Ms. Jones lay dying in his bed in the North Oakland residential hotel where he lived. When he finally called 911 on the morning of July 6, paramedics found Ms. Jones’ decomposing body, blood all over the walls, bed, and items in the room, and two bloody knives in a knife block. When arrested, defendant Austin had a broken hand, but no other injuries. The prosecutor was DDA Barbara Foo.
  • On February 7, 2013, Aaron Chandra was convicted of second-degree murder and of possessing marijuana for sale. On August 29th, 2010, the victim arranged to purchase a four ounces of marijuana from the defendant in the garage of the Hayward cottage that the defendant's mother rented. When the victim returned weighed the marijuana himself, he determined that the defendant had shorted him 1/8 of an ounce. He and a friend drove back to the garage to confront the defendent about the missing marijuana, but could not reach a mutually acceptable arrangement. The victim struck the defendant on the face with an open palm, at which point the defendant pulled a loaded .380 automatic handgun from his waistband. The defendant fired three shots, one of which hit the victim in the chest. The victim and his friends fled; the victim was declared dead shortly after being transported to Eden Hospital. Although the defendent initially claimed that he fired his gun in self-defense, at trial he admitted that the victim did not have a gun. The prosecutor was DDA Brian Owens.
  • On February 7, 2013, a jury found defendant Michael Peau guilty of first degree murder for the killing of Roberto Guzman Jr. On the morning of September 24, 2011, the defendant shot and killed Mr. Guzman at point blank range in front of the victim’s West Oakland home as he was working on his car. The deadly shooting followed weeks of tension that stemmed from an incident in which the defendant sold the victim’s father-in-law a stolen car. On the morning of the shooting, the defendant showed up at the victim's home armed with a fully loaded 9mm semi-automatic firearm. After the two exchanged words, the defendant took out his gun and fired eleven rounds ten of which struck the victim. The defendant took the stand during the trial to claim that the victim attacked him with a screwdriver and that he shot in self-defense. The jury rejected this claim and convicted him of murder with the personal use of a firearm. The victim, who was living with his girlfriend and her family at the time, leaves behind a two-year old son Defendant Peau faces a life sentence when he is sentenced on March 22, 2013. The prosecutor was DDA Luis Marin.
  • On February 6, 2013, Edward Leite was convicted by a jury of one count of sexual intercourse with a child 10-years old or younger, four counts of lewd and lascivious acts against a child 14-years of age or younger, and one count of possession or control of child pornography. On October 30, 2010, Jane Doe’s mother allowed the defendant to take her 7-year old daughter to a Halloween party. After the party, the Defendant carried the little girl to one of the bedrooms at his home and told Jane Doe to undress and to take a shower and get into the bed. Defendant joined Jane Doe on the bed and asked her if they could play horsey. (“Horsey” was a code word sexual contact with the 7-year old.) During this act Jane Doe suffered an injury to her privates. Jane Doe’s mother returned to the house and the little girl disclosed her injury. The police were called and the defendant was arrested. Union City police searched the defendant’s home and recovered two computers and two DVDs in defendant’s sock drawer. The DVDs, filmed by the Defendant, showed footage of Jane Doe and John Doe, another child, engaged in sexual contact. The defendant’s face can be seen in the first frames of the computer setting up the camera. Alameda Sheriff’s Crime lab found almost 200 child porn videos and photographs on defendant’s two computers. Defendant Leite will face a prison term of 75 years to life when he is sentenced. The prosecutor was DDA Jimmie Wilson.

Misdemeanor Verdicts

  • On February 22, 2013, a jury found Arthur Garibaldi guilty of driving underthe influence and driving with a BAC of 0.08% or higher. On January 25, 2012, the defendant was pulled over for drifting in and out of his lane as he drove along Dublin Boulevard. Defendant Garibaldi exhibited objective signs of alcohol impairment and blew a 0.12% BAC on the field sobriety test. When he was taken to Santa Rita County Jail for booking and a blood draw, his blood sample revealed a BAC of 0.17%. The prosecutor was DDA Dan Roisman.
  • On February 8, 2013, a jury found Lindsey Johnson guilty of driving under the influence and driving with a 0.08% BAC or higher. The jury additionally found true the enhancement that she drove with a blood alcohol content of 0.15% or more. On April 17, 2011, just after 2:30 a.m., California Highway Patrol Officers responded to a 911 call about a vehicle that had driven off the road. Officers arrived at the location, the E. 14th Street exit of Highway 238, and saw the defendant’s car in the middle of the grassy shoulder area. The defendant was sprawled across the front seat of the car. Officers observed objective signs of intoxication and began a DUI investigation. The defendant initially said someone else had been driving, but then admitted that she was the driver. After performing poorly on the field sobriety tests with PAS results of .23 and .22, the defendant was arrested for DUI. A blood test later determined that her blood alcohol content was .28. The defendant and defendant’s sister testified at trial that another person was driving the car. The case was prosecuted by DDA Emily Tienken.

JANUARY 2013

  • On January 31, 2013, a jury convicted defendant Tony Ray Jones of robbery, as well as finding true that he personally used a firearm in commission of the robbery, and found him guilty of being a felon in possession of a firearm. On February 19, 2012, around 11:40 pm, defendant Jones went to Fairfax Liquor Store on Foothill and Cole Street in East Oakland with an unidentified accomplice. They were armed with a firearm and wearing a black mask, gloves, and dark clothing. The victim had just finished a long day at work and stopped at the liquor store for something to eat. The defendant immediately approached the victim as he got out of his car with a black semi-automatic gun pointed directly at the victim. As defendant held the victim at gunpoint, the unidentified robber started searching the victim's pockets and his socks. The victim did not resist out of fear for his life. The defendant and the second robber took $40 and a credit card from the victim and then ran down Cole street to Bancroft Avenue. The two men jumped into a white van and started driving away from the scene before the police apprehended defendant Jones. The defendant will be sentenced on March 14, 2013 at 9:30. His exposure is 17 years and 8 months. The prosecutor was DDA Allyson Donovan.
  • On January 30, 2013, a jury convicted Kevin Bertran Arbuckle of shooting at an occupied motor vehicle. After a Raiders tailgate party at the Oakland Coliseum on December 26, 2010, defendant Arbuckle got into an extended and heated verbal altercation with the victim in the apartment they shared. (The victim had been living with the defendant and serving as his caregiver for several years before the incident in question.) After the altercation, as the victim sat in a car in the driveway of the apartment building and tried to plan her next move, the defendant approached the car and fired a single shot from a revolver. The bullet passed through the victim's hand and was lodged in her chest. The prosecutor was DDA Ursula Dickson.
  • On January 30, 2013, a jury convicted Charles Ray Woods of home invasion robbery in concert. On February 22, 2012, Woods, along with Kevon Lashean Hicks and Marquis Lavon Hamilton knocked the door of a house in Fremont at 11 A.M. The homeowner, a 73-year-old woman, opened the door, thinking the three men outside were students. When she cracked the door open, the men pushed through, knocking her down and pointing a gun at her. The men hit her 74-year-old husband in the face with the firearm. After ransacking their house the men fled, jumping through yards and over fences. The three men were apprehended within an hour and a half of the crime, hiding in yards and houses about a mile from the scene. When arrested, the men did not give statements but made damaging admissions in recorded jail phone conversations. The two other defendants, Hicks and Hamilton, pled guilty to all charges before trial. The jury also convicted the defendant of a robbery of a 7-11 store on Mission Boulevard in Hayward that he participated in on July of 2011. The prosecutor was DDA Matt Gaidos.
  • On January 15, 2013, a jury convicted defendant Laron Logwood for the murder of Edwin “Mikey” Grady. On the afternoon of July 16, 2009, the defendant shot and killed Mr. Grady at point blank range in front of the Arrwa 1 Stop Market located at the corner of Bancroft Avenue and 86th Avenue in Oakland. The deadly shooting followed a verbal altercation between the defendant and the victim in front of the store. After the two exchanged words, the defendant pulled out a .40 caliber semi-automatic firearm and shot the victim once in the chest. Mr. Grady ran around the corner after being shot, but collapsed to the ground and soon died. Mr. Grady, who was married and had two children, was 25 years old at the time he was murdered. The shooting was captured on store surveillance video, though there was no audio for the surveillance video. Though the defendant testified at trial that he shot the victim in self-defense, the jury rejected this claim and convicted him of murder with the personal use of a firearm. Defendant Logwood faces a life sentence when he is sentenced on February 13, 2013. The prosecutor was DDA Tim Wellman.
  • On January 14, 2013, Walter Meek Jr. was convicted of one count of sexual penetration of a child 10 years old or younger, and two counts of lewd and lascivious act against a child 14 years of age or younger. Sometime during early April 2010, Jane Doe One and Jane Doe Two, 5-year old twins, were staying with a family friend. Defendant Meek, a registered sex offender, and his then-girlfriend asked if they could take the children on a play-date to play with Meek’s twin nephews. Defendant did not disclose his sex offender status to the friend (a status he earned for sexually assaulting his then 4-year old cousin.) He also did not disclose that he was on parole with “special conditions” that did not allow him to be in the company of children. The four eventually went to his girlfriend’s Hayward home, where she gave the children cake and put on a children’s movie. Defendant called Jane Doe One into a bedroom and allowed her to jump on his bed. After she stopped jumping defendant Meek laid the 5-year old down and sexually molested the child. He later called in his girlfriend and forced her perform two sexual acts with him with the child watching him. A short time later, the defendant called Jane Doe Two into the room. Defendant Meek exposed himself to the 5-year old, and sexually assaulted her. The defendant’s girlfriend testified against him. GPS records, the defendant’s mother, and another defense witness confirmed defendant had custody of the children. Defendant Meek faces a minimum sentence of 60 years to life in prison. The prosecutor was DDA Jimmie Wilson.

DECEMBER 2012

  • On December 19, 2012, a jury convicted Leo Olguin of three counts of second-degree murder for driving in the 2009 police chase that led to the deaths of three of his teenage passengers. At approximately 11:45 pm on December 22, 2009, defendant Olguin was driving a Mazda sedan carrying four passengers (three in the back, one in the front) to a residential neighborhood in Hayward when they saw three young men standing on the street. The two male passengers got out of the Mazda and robbed the young men at gunpoint, and then got back into the car. Half an hour later and still driving the same car with the same passengers, defendant Olguin rolled through a stop sign at Sunset Avenue and Western in Hayward. When two Alameda County Sheriff's deputies who had witnessed the traffic violation tried to pull the Mazda over, defendant Olguin gave chase. Increasing his speed to two to three times the speed limit, Olguin blasted through seven stop signs or red lights. Defendant Olguin ran a red light at the busy intersection of A Street and Foothill Boulevard doing 75 mph and collided with a big rig truck. The Mazda's top cabin was torn off entirely when the car slid underneath the truck, killing the three back-seat passengers instantly. The passenger in the front seat survived, but suffered great bodily injury. Defendant Olguin walked away from the scene of the accident with only minor injuries, although a blood draw performed after the fact tested positive for alcohol (0.07 BAC), marijuana, cocaine, and methamphetamine. The prosecutor was DDA Armando Pastran.

NOVEMBER 2012

Felony Verdicts

  • On November 28, 2012, the court found Juan Carlos Soria guilty of assault with a deadly weapon on a peace officer with a gang enhancement for his role in an incident in which a Hayward Police officer was attacked. On June 24, 2012, gang member Dario Franco was riding his bicycle on the sidewalk along A Street in Hayward. When a patrol officer directed him to stop. Franco responded by dropping his bicycle to the ground, and making furtive gestures towards his waist. The officer ordered Franco to show his hands and get on the ground. Franco ignored the officer's command, and hurled a padlock towards her. At this point the officer deployed her taser on Franco. Defendant Soria, a member of the same gang as Franco, had been uninvolved up to this point, but as Franco rolled around on the ground, Soria bent over his fellow gang member and broke the taser wires. Enraged and free of the taser, Franco rushed the officer, swinging his fists wildly and striking about the head. In the scuffle, the officer noticed Franco reaching for her service weapon. Fearing that he would indeed grab the gun, the officer fired a shot which struck Franco in the leg. Backup officers arrived and handcuffed Franco as he lay screaming on the ground. Officers had to forcibly subdue defendant Soria, who was cursing them for shooting his friend. The entire incident was captured on the surveillance video of a nearby convenience store. The prosecutor was DDA Steve Dal Porto.
  • On November 28, 2012, a jury found Thomas Chapman guilty of two counts of felony stalking and one misdemeanor count of annoying and harassing telephone calls. In early May 2011, the victim and defendant broke up after a 5-month relationship. Once the relationship ended, the defendant began to stalk her by incessantly texting and calling, showing up at her work, her home, and in other public places. In July, he was arrested and charged with stalking and given a stay order. In the following months, his conduct continued by searching for her, her family, and friends’ personal information online. In December, he broke into her home, dressed all in black with a ski mask. A search warrant uncovered writings that admitted he was stalking her and threatened he would not let her get away with this and would make her pay 10 times for what he has gone through. At trial, GPS tracking data was introduced that showed the defendant repeatedly going to victim's prior address, her new apartment, her work, and other locations that victim had frequented. The Defendant will be sentenced January 4, 2013. The prosecutor was DDA Kalila Spain.
  • On November 8, 2012 a jury convicted Evaristo Toscano of the 2010 murder of Samier Ayesh. Defendant Toscano was also convicted of three counts of attempted murder and enhancements for using a gun in the commission of the murder. On June 11, 2010 Mr. Ayesh and three family members were closing the family store on 86th and International when Mr. Toscano and three accomplices drove to the store, confronted the Ayesh family members in the parking lot of the business and fired multiple shots from a handgun at the Ayesh family members killing Samier. The remaining family members were not injured. A mistrial was declared as to the second defendant when the jury deadlocked prior to reaching a verdict. The prosecutor was Autrey James, assisted by Inspector Gus Galindo.
  • On November 2, 2012, Judge Joseph Hurley of the Alameda County Superior Court sentenced David Mills to death for the 2005 murders of Dale Griffin, Rebecca Martinez, and James Martin. A jury convicted Mills on June 28, 2012, of three counts of first degree murder, premeditated attempted murder in the shooting of Elizabeth Martinez, and two counts of animal cruelty. During the trial Elizabeth Martinez identified Mills as the sole gunman that fired ten rounds of ammunition into the car occupied by herself and the three murder victims as they were parked in front of Mills’ residence on St. Elmo Drive in East Oakland. Several hours later Mills was arrested and found still in possession of the murder weapon. The same jury then heard additional evidence during a penalty phase that included evidence of a 1997 murder committed by Mills. On August 1, 2012, the jury returned a recommendation of death. At the November 2nd hearing, Judge Hurley rejected efforts by Mills’ attorneys to delay sentencing and denied an automatic motion to modify the death penalty verdict after finding that the evidence presented during the guilt and penalty phases of the trial warranted imposition of the death penalty. Under existing law Mills’ conviction and death sentence will be automatically appealed to the California Supreme Court. The question of whether California retains a Death Penalty is the subject of Proposition 34. If Proposition 34 passes then Mills’ death sentence as a matter of law will be converted to a sentence of life without the possibility of parole. The trial prosecutor on the case was Senior Deputy District Attorney Jim Meehan assisted by Inspectors Steve Revel and Mike Beal. Tasia Wiggins served as the Victim Witness consultant on the case.

Misdemeanor Verdicts

  • On November 19, 2012, a jury found Tiare Lake guilty of driving under the influence, giving false information to a police officer, and driving on a suspended license. On May 9, 2010 at 7:00 p.m., Oakland Police Officers saw the defendant's vehicle speeding and swerving down a residential street in Oakland. Upon contact with the defendant, the OPD officers noticed objective signs of alcohol intoxication. The defendant stated she only had 1 shot of Bacardi two hours ago. The defendant identified herself with a false name and date of birth for which the officers could find no matching records. They began a DUI investigation. After performing poorly on the field sobriety tests with PAS results of .22 and .23, the defendant was arrested for DUI. The defendant then refused all chemical tests. Only once she was fingerprinted at the jail was her true identity revealed, showing she was also driving on a suspended license. The case was prosecuted by DDA Amy Deng.
  • On November 1, 2012, a jury convicted Fernando Escorcia of inflicting corporeal injury to a cohabitant/mother of his child. Defendant Escorcia and the victim had been in a relationship for 4 years and have a 3 year old son together. The defendant came home drunk when he had promised to drive the victim to visit a sick relative. They argued and when the defendant refused to leave the house, the victim tried to push the defendant towards the door. A physical fight ensued, during which defendant Escorcia grabbed the victim by the throat several times, making it difficult for her to breathe. This incident took place within an arms-length of their 3-year old son. The defendant left the residence and the victim called the police. The victim's injury was a one-inch abrasion on the right side of her neck. Defendant Escorcia was arrested at a neighbor's house. The prosecutor was DDA Kelly Kramer.

OCTOBER 2012

Felony verdicts

  • On October 30, 2012, a jury found Nerrah Brown guilty of seven counts of robbery, seven counts of false imprisonment by violence, and one count of criminal threats. These convictions stem from two take-over robberies of credit unions. On August 14, 2006, defendant Brown and an accomplice walked into the Patelco Credit Union in Fremont during business hours, wearing ski masks, and carrying what looked like real guns (the guns were in fact an airsoft gun and a BB gun.) Defendant Brown demanded to know who was in charge. When no one spoke up, he pointed his weapon at an employee and threatened to shoot. When the defendant found the manager, he demanded that she take him to the vault. He took the vault money and fled. The loss from Patelco was over $50,000. On January 26, 2007, the defendant walked into the Provident Credit Union in Hayward while the business was closing. With a hood over his head and a weapon resembling a gun in his hand, defendant Brown demanded to know who was in charge. When no one spoke up, he pointed the weapon at an employee and threatened to shoot him. When the manager identified herself, the defendant demanded that she take him to the vault and place the money inside his bag. The loss from Provident was over $80,000. The prosecutor was DDA Danny Lau.
  • On October 29, 2012, a jury found Giselle Diwag Esteban guilty of first degree murder for the killing of 26-year-old nursing student Michelle Le. Defendant Esteban and the victim, Michelle Le, grew up together in San Diego. Both moved to the Bay Area for college and it was there they met and befriended Scott Marasigan, with whom defendant Esteban eventually had a child. Defendant Esteban became convinced that Ms. Le was having an affair with Mr. Marasigan. On May 27, 2011, around 7p.m., Ms. Le left her class at Kaiser Hospital Hayward to get something from her car. Defendant Esteban waited for Ms. Le in the parking lot, and murdered her. Defendant Esteban then drove Ms. Le’s car to a remote location in Sunol where she dumped the body of Ms. Le and concealed it with brush. Approximately five months after her disappearance, Ms. Le’s decomposed body was discovered off a country road between Sunol and Pleasanton. Her identity was established by dental records. On December 10, defendant Esteban was sentenced to a prison term of 25 years to life. The prosecutor was DDA Butch Ford.
  • On October 26, 2012, a jury found London Willard guilty of grand theft from a person. On August 27, 2011, the victim was riding an AC Transit Bus to the San Lorenzo Library. Defendant Willard was the only other passenger on the bus. When Defendant Willard moved closer to the victim and began staring at him, the victim became nervous and pushed the button for the bus to stop. The victim was wearing a gold rope chain with a gold crucifix. When the victim got up from his seat to exit the bus, defendant Willard commented that the victim should stay seated until the bus stopped. As victim walked past defendant Willard, defendant grabbed victim and ripped off his chain. The whole incident was caught on AC Transit surveillance. The prosecutor was DDA Kalila Spain.
  • On October 24, 2012, Theodore Walter Jones was convicted of voluntary manslaughter and possession of a firearm by a felon for his role in a parking lot scuffle that led to the death of D’Mario Anderson. On the night of September 8, 2010, defendant Jones drunkenly bumped into the victim and his friends as they were placing their order at a taco truck on 44th Avenue and International Boulevard in East Oakland. This accidental encounter spurred a confrontation between the two groups that quickly escalated from dirty looks to punches. When Anderson drew a pistol from his waistband, Defendant Jones restrained him in a “bear hug," but received a bullet in his own leg when the gun discharged. He pried the weapon from Anderson, who turned and ran briefly before reaching for his waistband a second time. Believing that the victim had another gun, defendant Jones fired several shots, two of which struck Anderson and knocked him to the ground. While Anderson was down, defendant Jones walked up to him and shot him in the head. One of the defendant’s friends then drove him to a hospital in Tracy where he was treated for the gunshot wound. Oakland Police Department officers found a second gun under the victim's body, but subsequent ballistics tests determined that it had not been fired at the scene. The prosecutor was DDA Mas Morimoto.
  • On October 24, 2012, Daniel Darnell was convicted of two counts of residential robbery, two counts of making criminal threats, and two counts of indimidation, all with use of a personal firearm. On July 21, 2010, Victim 1 was sleeping in his apartment in Hayward when his security alarm system awakened him. Thinking that his girlfriend had come over to the house, he got up to greet her only to find himself held at gunpoint by defendant Darnell and an accomplice. The defendants tied Victim 1's hands with zip ties and threatened to kill him if he moved. They took turns holding him at gunpoint while they ransacked his apartment for cash and valuables. When Victim 1's girlfriend (Victim 2) arrived, they tied her up as well and threatened to violate her with a sex toy. At one point during the invasion, Victim 1 had an asthsma attack - defendant Darnell refused to give him his inhaler. While the robbery was in progress defendant Darnell took a video of himself with a cell phone in which he announced that he was robbing the victim. The defendants then stole Victim 2's car and left. The next day, police found the defendant Darnell asleep behind the wheel of the car, in Sacramento. Once in custody, defendant Darnell admitted to the robbery, stating "the lick went so smooth... I ain’t gonna lie to you, I was gonna have to rob again." The prosecutor was DDA Brian Owens.
  • On October 23, 2012, a jury found Davon Foster guilty of attempted robbery. On July 26, 2012, defendant Foster stood in the doorway of the ABB Market in East Oakland. Defendant Foster waited for the store to clear of customers and then approached the cashier and asked for a pack of cigarettes. As the cashier reached for the cigarettes, defendant Foster gestured as though he had a gun under his shirt and repeatedly demanded that the cashier “give [him] all the money.” When the cashier pressed a silent alarm in response, defendant Foster shouted expletives at the cashier and promised that he would come back with his gun and kill him. Police found defendant Foster several minutes later hiding between a car and the curb of a sidewalk a block away from the market. Sentencing will be on November 21, 2012. The prosecutor was DDA Amanda Chavez.
  • On October 16, 2012, a jury found defendant Walter Lee Simmons guilty of three felony charges of robbery, attempted robbery and accessory to robbery. Over the course of three weeks, in August of 2011, a total of fourteen robberies occurred in South Alameda County. The robberies involved multiple suspects with similar patterns. A break in the case came when the masked gunman was arrested after he left his palm print on the door to a gas station in San Leandro. From the masked gunman and other evidence, detectives from five agencies arrested the Defendant as the getaway driver in at least four of the robberies. The Defendant drove the armed and masked robber to a bank in Fremont, and several 76 gas stations where he waited for the gunman to run out after each and every robbery. The Defendant was eventually arrested and brought to trial and found guilty of his involvement in these robberies. The Defendant will be sentenced on December 3, 2012. The prosecutor was DDA Samantha Kim.
  • On October 15, 2012, a jury convicted Franklin Bingham of unlawful driving or taking of a vehicle. On June 13, 2011, the victim came out of his Union City home on his way to work and noticed that his car was missing. About fourteen hours later, defendant Bingham was driving the stolen car eastbound along Auto Mall Parkway in Fremont when he rear-ended another vehicle. He drove a short distance away from the scene of the accident before abandoning the stolen car in the middle of the road and fleeing on foot. Fremont Police found defendant Bingham several hours later in the general vicinity of the accident. The victim and the motorist whom he had hit both identified defendant, and fingerprints were in the stolen car along with other indicia later linked to him. The prosecutor was DDA Armando Pastran.
  • On October 11, 2012, a jury found defendant Rodrigo Ramirez guilty of murder in the first degree for the strangulation death of 17-year-old Tamara Thompson. On March 31, 2009, defendant Ramirez solicited the victim who was working as a prostitute and took her to a nearby motel in the Golden Gate district of North Oakland. After strangling her to death, he dressed her body, carried her to his car, and drove to a park where he dumped her on the side of the road. One year later, DNA evidence found in saliva on the victim’s breast was matched to defendant Ramirez. He eventually admitted killing the victim and moving her body. The prosecutor was DDA Matt Foley.

Misdemeanor verdicts

  • On October 31, 2012, a jury found Victor Topete Flores guilty of driving under the influence and driving with 0.08% BAC or higher. The jury additionally found true the enhancement that he drove with a blood alcohol content of 0.15% or more. On September 20, 2011, the defendant left Tito's restaurant in San Leandro around 4:30 pm. As he was driving away, CHP Castro Valley Officer Santos Romo noticed that defendant Flores was not wearing a seat-belt. Officer Romo began following the defendant's van as it sped dangerously, making an illegal left turn before it eventually stopped. As Officer Romo was talking to the defendant about the reason for the stop, he noticed the objective signs and symptoms of alcohol intoxication and began a DUI investigation. Defendant Flores admitted to drinking "a couple of beers" at first, but later said he'd only had one tequila drink. After failing field sobriety tests, Defendant Flores was arrested for DUI. He submitted to a blood test, which revealed a BAC of 0.19%. The prosecutor was DDA Allyson Donovan.
  • On October 12, 2012, a jury found Kevin William Farrow guilty of driving with a blood alcohol content of more than .08. In the early hours of December 13, 2009, CHP officers responded to a report of a collision on I-580 in Castro Valley. The officers found defendant Farrow’s truck with damage near the Eden Canyon Road exit. Defendant Farrow and two of his passengers were found walking in the rain several hundred feet down the road. Defendant Farrow admitted that he was driving when the truck hydroplaned on the wet pavement. Tests administered at Santa Rita Jail indicated a BAC of .11 and .10. The prosecutor was DDA Kelly Kramer.

SEPTEMBER 2012

Felony verdicts

  • On September 27, 2012, Victor Johnson was convicted of forcible rape and sexual battery. Defendant Johnson, his twin sister, and her best friend (the victim) attended Laney College, where the defendant played football. After class on July 20, 2011, the returned to the apartment that the defendant and his sister shared. They ordered pizza and watched a movie until the defendant’s sister went to bed, leaving the defendant and the victim alone in the small apartment. After a particularly graphic rape scene in the film, defendant Johnson sexually assaulted and raped the victim before she escaped. The prosecutor in this case was DDA Ursula Dickson.
  • On September 24, 2012, Anthony Monique Richey was convicted of two counts of sexual battery, one count of attempted sexual battery, and one count of loitering about a toilet to solicit lewd acts. On June 14, 2012, Richey snuck into the AMC movie theater in Hayward, where he hid in the ladies’ room trying to peek at women from underneath the stall partitions. He left the theater nonchalantly, despite having been spotted by several theater patrons. Defendant Richey passed a woman walking with her boyfriend and delivered an unsolicited smack to her backside. The boyfriend and a movie-goer who saw him leaving the women’s bathroom chased defendant Richey down B Street, restraining him until police arrived. Hayward Police officers linked defendant Richey’s crimes to similar lascivious acts that had recently occurred in the area, and those victims were able to make a positive identification of the defendant. The prosecutor was DDA Allyson Donovan.
  • On September 13, 2012, a jury convicted defendant Gorlan Lee of one count of carrying a concealed firearm on the person and one count of carrying a loaded firearm in public with enhancements for the firearm being loaded and unregistered. On October 10, 2010, at 1:40am, a Fremont Police Officer responded to a suspicious activity dispatch in the Cameron Hills area. When the officer arrived at the scene, he detained the defendant along with 6 of his friends. During a quick pat search for weapons, defendant Lee stated that he had a weapon. The officer immediately removed a fully loaded .30 caliber Colt Special Officer's revolver from the defendant's waistband, concealed by his shirt. The Department of Justice's Bureau of Firearms did not have the revolver or any firearms registered to the defendant. Defendant Lee will be sentenced October 11, 2012. The prosecutor was DDA Kalila Spain.
  • On September 11, 2012, a jury found Abel Ramos Alvarado guilty of two counts of Penal Code §288.5(a) continual sexual abuse against two separate victims. Defendant Alvarado and his wife were employed to babysit the victims (Jane Doe 1 & Jane Doe 2) regularly from February 2007 until June 2010. In November 2010, the 5-year-old and 7-year-old victims revealed defedant Alvarado's conduct to their mother. Defendant Alvarado is potentially facing 15 years to life in prison when he is sentenced. The prosecutor was DDA Briggitte Lowe.

Misdemeanor verdicts

  • On September 12, 2012, a jury found defendant Aaron Matthew Biel guilty of driving under the influence of alcohol, and driving with a blood alcohol level greater than .08. On March 15, 2012, at approximately 11:50pm, CHP oficers were on routine patrol in an unincorporated area of Hayward when they noticed a sedan parked illegally in a red zone. The vehicle appeared to be on and running but unoccupied. When one of the officers approached the driver's side, he noticed defendant Biel asleep in his car, with lights, radio and heater still on. The officers detected a heavy odor of alcohol coming from the vehicle and began a thorough DUI investigation. After defendant Biel failed field sobriety tests, he was transported to Santa Rita where a breath test showed he had a breath level of .26 and .28 blood alcohol content. Sentencing is scheduled for September 21, 2012. The prosecutor was DDA Samantha Kim.

AUGUST 2012

Felony verdicts

  • On August 16, 2012 a jury convicted defendant Alex Olachea of premeditated attempted murder with use of a firearm causing great bodily injury and being a felon in possession of a firearm for crimes committed on November 20, 2011. The same jury also convicted the defendant of second degree murder with use of a firearm causing death and being a felon in possession of a firearm based upon crimes committed on November 27, 2011. On November 20, defendant Olachea shot a man three times in front of a residence in unincorporated Hayward. He shot the victim because he believed that the victim had disrespected the defendant's girlfriend. The victim underwent emergency surgery and survived his injuries. On November 27, the defendant shot a man once inside a residence in unincorporated Hayward. The defendant fled from the residence with his girlfriend and left the victim dying from his injuries. Two days later, the defendant arranged to have the residence set on fire. The victim was found dead inside the residence after the fire. The defendant's girlfriend later told witnesses that she saw defendant shoot the victim. Other witnesses later saw defendant with a gun and heard defendant bragging about the shooting. The prosecutor was DDA John Brouhard.
  • On August 15, 2012, a jury found Andrew Toon Wong guilty of two counts of first degree murder with enhancements for using a firearm causing death, and a special circumstances clause for multiple murders. On July 31, 2008, delivery driver David Wells was murdered in his truck while parked at Doolittle Drive and Harbor Bay Parkway. Mr. Wells was known by many people in Alameda County for his love of bowling, and sports betting. This case, although diligently investigated by the Oakland Police Department, remained unsolved for 9 months. On April 4, 2009, Quang "John" Quach was murdered in his home on Fruitvale Ave, Oakland. At the time of his death, Quach worked at the Southshore Safeway in Alameda, which was also a store Wells had often delivered to. Oakland Police investigators noted similarities between the murder of Mr. Quach and Mr. Wells. Defendant Wong murdered both men to avoid paying his gambling debts. Defendant Wong faces up to life in prison without parole when he is sentenced on November 30, 2012, in Department 9. The case was prosecuted by DDA Autrey James assisted by Inspector Gus Galindo.
  • On August 13, 2012, a jury found defendant Cesar Aguirre guilty of felony vandalism. On November 3, 2011, defendant Aguirre was in Frank Ogawa Plaza at the Occupy Oakland General Strike Protest. He was dressed in all black clothing, wearing goggles and a dust mask. He grabbed a red metal folding chair and walked to the windows of the Oakland Police Department Recruiting Office and the Oakland Police Department Internal Affairs Office. Defendant Aguirre swung the chair at the glass windows and doors multiple times before discarding the chair. He then used his body weight to push up against the wooden boards that had been placed behind the glass to prevent entry into the office. An OPD Officer witnessed this from a nearby parking structure and kept his eyes on the defendant until he was arrested by a second officer. Defendant Aguirre had glass shards on his sleeves when he was arrested. The defendant broke a total of 6 windows and 1 door. The total amount of damage was $6,654.63. Defendant Aguirre was remanded to custody after his conviction.
  • On August 2, 2012, a jury convicted Obdulio Ambrosio Jimenez of four counts of penetration or sodomy of a child under 10 years of age. The crimes took place between 2006 and 2010. Jane Doe eventually told a friend and a school counselor. Defendant Jimenez faces 25 years to life in state prison when he is sentenced on August 30, 2012. The prosecutor was DDA Briggitte Lowe.

Misdemeanor verdicts

  • On August 22, 2012, a jury convicted defendant Pete Coronado of violating Penal Code 484(a), petty theft. On February 11, 2012, the defendant went into Walmart's sporting good department. There, he took an assembled mountain bike off the rack and proceeded to the hat department, where he retrieved a Giants baseball cap. He left the store with both the bike and the cap. The prosecutor was DDA Christopher Chin.

  • On August 20, 2012, a jury convicted Jose Villalba Martinez of causing corporal injury to his girlfriend. On November 5, 2011, the defendant and the victim attended a wedding together. The defendant became angry that the victim did not look for him at the evening reception. When they returned home that night, the defendant forced the victim onto her knees and verbally assaulted her. He then grabbed and punched her arm. The following morning, the defendant tried to hug and kiss her. When the victim refused, he pushed her into the refrigerator and struck the side of her body. The next day, the victim met with the police who then took photos of the bruise on her arm. The prosecutor was DDA Amy Deng.
  • On August 17, 2012 a jury found Glenn Allen Fairley guilty of driving under the influence of alcohol, driving with a .08 or higher blood alcohol content, hit and run, and for driving on a suspended license for a prior DUI conviction. On August 31, 2011, the defendant was driving on Hesperian Blvd in San Lorenzo and crashed into the back of a car in front of him. The defendant then stopped the car and took off running. Two and a half hours later officers contacted the defendant walking on the street near the accident scene. The defendant matched the description of the driver and upon being searched was found to be in possession of keys and a stereo faceplate matching the crashed vehicle. Upon speaking with the defendant officers immediately noticed several signs of intoxication. A blood test revealed the defendant had a blood alcohol content of .17. The prosecutor was DDA Scott Ford.
  • On August 15, 2012, a jury convicted Andrew John Heilman of three domestic violence related counts: causing a corporal injury on the mother of his children, battery, and false imprisonment. On July 4, 2012, defendant Heilman and the victim had been drinking alcohol in their house where they lived with their four children. Defendant Heilman became angry at the victim, and forced her from their kitchen onto a couch in the garage. The victim attempted to leave multiple times, but defendant Heilman restrained her on the couch with his arms. He then struck the victim across the face, leaving her with a bloody nose and a cut upper lip. The prosecutor was DDA Timothy Burr, Jr.

JULY 2012

Felony verdicts

  • On July 27, 2012, a jury found Jessica Soto guilty as charged of felony grand theft. On December 7, 2011, defendant Soto aided and abetted the theft of the victim’s personal property from his work truck. At about 4:30am, the victim was at home and heard the engine of his work truck start up. He ran outside and saw his work truck being driven away and a Dodge pull out and follow behind it. The victim drove his personal truck to nearby Interstate 880 and caught up to his work truck. The victim saw the same Dodge driving behind his truck. The victim pulled up next to the Dodge, and observed defendant Soto behind the wheel. The victim ultimately lost sight of his work truck and the Dodge after they make a quick exit from the highway. Later the same morning, San Leandro police officers located the Dodge and conducted a traffic stop. Defendant Soto was driving the Dodge and the victim’s wallet was in the vehicle. Sentencing is set for September 6, 2012. The prosecutor was DDA Ward Winklosky.
  • On July 26, 2012, Jonathan Micah Gardner was convicted of forcible rape and forcible oral copulation. The jury also found that the defendant kidnapped the victim and used a deadly weapon during the commission of both crimes. On January 15, 2002, the defendant kidnapped 15-year-old victim Jane Doe from the corner of 35th and International Blvd. in Oakland while she was waiting for a ride home. Defendant Gardner forced her to walk up 35th Ave. for several blocks, where he then forced her into the backyard of a duplex. In the backyard he picked up a piece of wood and threatened to beat Jane Doe with the board if she did not orally copulate him. Defendant Gardner removed Jane Doe's pants, put on a condom and forcibly raped her. Following the rape, defendant Gardner made Jane Doe accompany him through many parts of Oakland before he finally let her go. Several years later, DNA evidence from the condom confirmed the defendant's identity. During trial, the prosecution brought forth another of the defendant's victims who testified that defendant Gardner raped her in her own home in February of 2002. Defendant Gardner had met the then-13-year-old victim on a telephone chat line. The DDA who prosecuted the case was Matt Foley.
  • On July 24, 2012, a jury found Juan Oswaldo Hernandez guilty of driving under the influence of alcohol. On February 12, 2012, at 2:15am, a CHP Officer observed a green Ford Explorer snaking in and out of lanes on westbound I-580. The officer made a traffic enforcement stop and found defendant Hernandez with an open container of hard liquor on his lap. The officer conducted a series of field sobriety tests and determined the defendant to be driving under the influence. A blood test was done an hour later and showed defendant Hernandez to have a .13 blood alcohol content. The prosecutor was DDA Samantha Kim.
  • On July 25, 2012, a jury convicted Eric Perry of first degree murder with special circumstances, and for two counts of attempted second degree robbery with enhancements. On August 21, 2007, Ronald Spears Jr. was driving through Oakland with two friends. After getting lost, Mr. Spears pulled the car into a gas station. Defendant Perry was walking from the gas station’s store window, when Mr. Spears’ car pulled up next to him and asked him for directions. The defendant indicated some directions and then asked Mr. Spears for a ride, saying that he would show them the way. Defendant Perry got into the car’s back passenger seat and pulled out a loaded gun. The defendant pointed the gun at the three victims, threatened their lives and aggressively demanded their money. He pointed his gun at Spears’ head as Mr. Spears handed over cash, as well as the gold chain he was wearing. Defendant and Mr. Spears began to struggle with one another as the two women jumped out of the rolling car. After the car crashed into a tree, Mr. Spears jumped out of the car and began to run. Defendant Perry followed Mr. Spears out of the car, began to run in the opposite direction of Mr. Spears but then stopped and turned back towards him. The defendant fired one fatal shot into the back of Mr. Spears as Mr. Spears was running away. The defendant will be sentenced on September 14, 2012. The prosecutor was DDA Laura Passaglia.
  • On July 19, 2012, defendant Curtis Martin pled guilty as charged to murdering his girlfriend, Zoelina Toney, and his girlfriend’s young child, Jashon Williams. Defendant Martin was charged with, and pled guilty to, two counts of murder and three special circumstances for killing a witness, for killing by means of lying in wait, and for killing more than one victim. The defendant also pled to being a felon in possession of a firearm and admitted three prior felony convictions. The charges stem from defendant Martin's brutal murder of Zoelina Toney on November 13, 2009, who was found be