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

FEBRUARY 2012

Felony Verdicts

• On February 2, 2012, a jury found Tian Yu Lu guilty of felony assault, in violation of Penal Code § 245(a)(1). In January 2010, the defendant was terminated from his employment as a USPS letter carrier at the Embarcadero office in San Francisco. In the following months, the defendant bought a Ford pickup truck in another person's name and installed a front bumper grill to the truck. On May 1, 2010, victim Alfredo Bustamante (the defendant's former supervisor) was leaving home for work in Albany. As he was walking to his car, Mr. Bustamante heard the sound of an engine nearby. When Mr. Bustamante reached his car parked outside his home and opened his driver's side door, he saw a truck come directly at him. The truck impacted Mr. Bustamante's car's driver's side door, pinning Mr. Bustamante's right arm between the door and the door jamb. The truck backed up and Mr. Bustamante ran behind his car. The defendant drove the forward again and struck an SUV parked behind Mr. Bustamante's car. The defendant then fled the scene. Half a mile away, Albany Police found the defendant with the truck. Inside the truck, Albany Police found an extra set of clothes, binoculars, flashlights, and night vision goggles. The defendant said he just had a flat tire, and the damage to the truck was two to three weeks old. Sentencing is set for March 5, 2012. The DDA was Danny Lau.

• On February 2, 2012, a jury found Steven Richard Crump guilty as charged of Penal Code §530.5(a) identity theft and PC§ 422 criminal threats. Defendant Crump sent a death threat letter to Minister Keith Muhammad, Bay Area leader of the Nation of Islam and signed his Cal-State East Bay professor's name as the sender. On February 3, 2011, defendant Crump, a student at Cal-State East Bay, was taking a computer science test. He told his professor, Dr. Leann Christianson, that he could not finish the test and did not know the answers. Defandant Crump then proceeded to self-grade the test, scribbling all over it and putting large "F's" on each page. A search of the defendant's laptop revealed that immediately after the test, defendant Crump had searched for contact information for both Dr. Christianson and Mr. Muhammad. On February 6, 2011, Mr. Muhammad received the letter, which stated "I will do all in my power to have you and your family killed." Mr. Muhammad took the letter to Oakland Police Department Chief Anthony Batts, who had the letter fingerprinted. Defendant Crump's fingerprints were found on the letter. Additionally, the jury heard evidence of defendant Crump's prior August 9, 2004, email threat to then-Alameda County Sheriff Charles Plummer and Alameda County Supervisor Scott Haggerty. In that email, defendant Crump threatened to find and kill both individuals. The defendant was convicted in that case for two separate counts of PC§ 422 criminal threats. The prosecutor was DDA Eric Swalwell.

JANUARY 2012

Felony Verdicts

• On January 12, 2012, a jury found Eugene Richardson guilty of first degree murder with an enhancement for the personal use of a firearm. On October 15, 2009, Wayl Al-Junaidi left his home near Foothill Boulevard and 35th Avenue to buy milk for his family. As Mr. Al-Junaidi neared the Walgreens store on Foothill Blvd., Eugene Richardson, Devonne Young, and a third unidentified individual accosted him. Richardson shot Mr. Al-Junaidi in his back as the tried to flee and then the three men robbed Al-Junaidi of his money and jewelry. Richardson then fled the scene along with his two accomplices. Richardson, along with Young, were identified and arrested two months after the incident by the Oakland Police Department. Young pled to robbery with an arming clause before the trial, and Richardson was convicted of his part in the crime after a week-long trial. Sentencing is set for February 17, 2012 for Richardson. The prosecutor was DDA Autrey James, with help from Inspector Gus Galindo.

• On January 11, 2012, a jury found Bobbie Lee Smith guilty as charged of attempted murder with personal and intentional discharge of a gun, assault with a firearm with personal use of a firearm, shooting at an inhabited dwelling with personal use of a firearm, and child abuse with personal use of a firearm. On September 15, 2011 at approximately 8:45 pm, victim Krystal Love broke up with defendant Smith over the phone, and he then threatened to come over to Love’s apartment in San Leandro and harm her. At approximately 9:27 pm, defendant Smith banged on Love's door and directed her to open it. Love ran into the bedroom, grabbed her son and called police. Defendant Smith fired 6 shots into the apartment, five of which went through the front door around the peephole. One of the bullets traveled into the bedroom where Love’s son had been sleeping. Four days after the incident, Love began to recant. On September 28, 2011, defendant Smith was apprehended after an hour-long foot chase and standoff in East Oakland. In jail, defendant Smith made numerous phone calls asking his brother to hide an “oowap”, street slang for a firearm. Sentencing is set for March 8, 2012. The prosecutor was DDA Glenn Kim.

• On January 9, 2012, a jury found William Keith Roderick III guilty of Penal Code §314.1, felony indecent exposure with prior convictions. On March 18, 2011, the victim saw defendant Roderick standing on the balcony of his apartment in Hayward, naked and masturbating. She was upset and reported it to the Police. Her son also went outside and observed the same conduct. The defendant was arrested but gave no statement. He has two prior convictions for similar behavior in 1993 and 1989. The prosecutor was DDA Butch Ford.

Misdemeanor Verdicts

• On January 31, 2012, a jury found Jimmy Hermen Botelho guilty of driving under the influence of alcohol, and driving with a blood alcohol level greater than .08. On January 19, 2011, an eyewitness observed Botelho speeding down a residential street, nearly colliding into her and her small children. She continued to observe him, as he left his car running in the middle of Amador Street in Hayward. Hayward PD arrived on scene and contacted Botelho who was still standing in front of a residence, near his truck and officers noticed the physical signs of intoxication on the defendant. On scene, several field sobriety tests were conducted and a positive identification was made of Botelho as the driver. A breath test showed he had .11/.10 blood alcohol content. The prosecutor was DDA Samantha Kim.

• On January 19, 2012 a jury found defendants Javier Rodrigo Saunders and James Laldo Saunders guilty of Penal Code §243d, battery causing serious bodily injury. On September 1, 2011, the victim, James West, was walking on B St. in Hayward. As Mr. West reached the intersection of 2nd St and B St., a group of four men, including both defendants, got out of a Chevy Camaro and chased after Mr. West. Less than a block away, they caught up to Mr. West and assaulted him. They knocked him to the ground and then each took turns kicking him all over his body until he lost consciousness. Shortly after the assault, Mr. West was taken to the hospital and diagnosed with a concussion. The prosecutor was DDA Scott Ford.

DECEMBER 2011

Felony Verdicts

• On December 20, 2011, a jury convicted Taquan Lamont Maldonaldo, 35, of first degree murder for the killing of his 25-year-old girlfriend, Katrina Moore. The defendant became abusive towards the end of the couple's seven month relationship. The victim, however, never reported any abuse to the police. No one ever witnessed any abuse but they did see bruises on the victim, and she confided in friends about the abuse. On June 5, 2010, the victim's roommate heard arguing, followed by a thud, like a body hitting the ground. However, when he went to check on his roommate, he heard the couple talking in a normal tone of voice. Shortly thereafter, the defendant ran out of the home with blood on his arm; he was frantic and said, "Help me, she fell through a window," then ran back inside the home. The defendant also called 911. When the police arrived, they found the victim lying in her bedroom, barely alive, with one stab wound to her upper chest. The defendant was lying next to her holding a towel over her wound. No knife matching the stab wound was originally found at the crime scene. On August 22, 2010, the victim's estranged husband, was cleaning her bedroom when he noticed beads in the floor vent. As he was cleaning out the beads, he found a 14 inch knife hidden in the vent. The victim's blood was on the knife and a Pathologist testified that knife was consistent with the stab wound. The prosecutor was DDA Lindsay Walsh.

• On December 19, 2011 a jury found defendant Floyd Jackson guilty of willful, deliberate, attempted murder with an enhancement for personal, intentional discharge of a gun causing great bodily injury and for being a felon in possession of a firearm. On September 10, 2011, around 6:00 am in Fremont, victim Torrance Mackey came over to his ex-girlfriend Angelique Payton’s house. Payton attempted to go downstairs but the defendant, her new boyfriend, stopped her and told her that he would handle things. At the same time Payton’s 16-year-old son woke up to the sound of his mom arguing and heard the racking of a gun. The defendant then went outside and confronted Mackey, demanding to know why Mackey was there and they began to argue. Mackey stated, “what you gonna do, bust me,” meaning shoot me. Mackey walked away and the defendant fired seven rounds, striking the victim four times. Mackey has undergone multiple surgeries and continues to recover. The prosecutor was DDA Glenn Kim.

• On December 12, 2011, a jury found T. Ronald Salter guilty of first degree murder of seventeen year-old Anthony Custard, with personal use of a firearm. On July 24, 2007, at approximately 9:00 pm, victim Anthony Custard was walking with a friend on 69th Ave., in East Oakland. Mr. Custard's friend attempted to buy marijuana from a local dealer. During the sale, the dealer and Mr. Custard began to argue. The defendant walked from across the street and tried to intervene. The dealer and the defendant began to approach Mr. Custard who withdrew a semi-automatic handgun and told them to "get back." After a short period of time everyone calmed down and Mr. Custard put away the gun. To further remove himself from the argument, Mr. Custard walked across the street and waited for his friend to finish buying marijuana. Once Mr. Custard's friend purchased the marijuana, they began to walk back home. However, before they were able to leave the area, the defendant began talking to Mr. Custard on the sidewalk. Without any warning, the defendant withdrew a 9 mm semi-automatic gun and shot Mr. Custard once in the head and nine times in the chest. The defendant was arrested on September 26, 2007. During the trial, jail calls were presented into evidence which reflected the defendant's attempts to hide/destroy evidence, intimidate witnesses, and even create an alibi story. Defendant T. Ronald Salter will be sentenced on February 24, 2012. The prosecutor was DDA Charles Wilson.

Misdemeanor Verdicts

• On December 9, 2011, a jury convicted Belinda Denise Pando of a hit and run. On May 30, 2011, the defendant crashed into the victim's car which was unoccupied and parked on a residential street in Hayward. The victim's car was launched several feet into a neighbor's car parked further down the curb, causing damage to the secondary car as well. After the impact, the defendant drove away from the scene without stopping. The victim heard the loud crash from inside his home and followed the suspect vehicle to get a license plate. Although the suspect vehicle had no plates, the victim saw the defendant pull over after a few minutes, get out of the car, and flee. A CHP Officer arrived at the location where the suspect vehicle was parked and found it was registered to the defendant. The next day, a photo lineup was conducted and the victim was able to identify the defendant. At trial, the jury rejected testimony that the defendant's car had been stolen when the incident occurred. The prosecutor was DDA Amy Deng.

• On December 8, 2011, a jury found Aaron David Hollis guilty of spousal battery; driving under the influence of alcohol or drugs; driving while having a 0.08% or higher blood alcohol level; resisting, obstructing, or delaying a peace officer; being under the influence of a controlled substance - to wit methamphetamine; and driving while his privilege had previously been suspended or revoked for a prior DUI conviction. On October 13, 2011, a Newark Police officer responded to reports of a man battering a woman in a vehicle. The officer attempted to make contact with defendant Hollis, who was in the same area and driving a car matching the description provided by witnesses. Hollis fled and led the responding officer on a high-speed car chase throughout Newark. After speeding through residential neighborhoods and failing to obey traffic signs, Hollis finally pulled his vehicle into an unidentified driveway. He led officers on a foot chase, and was found inside a stranger's vehicle in the Newark Pavilion parking lot, attempting to drive away from the scene. A chemical test revealed Hollis was under the influence of alcohol and methamphetamine at the time of his arrest. At trial, the jury rejected the victim's testimony that the defendant never hit her, never saw the police, and was not under the influence of alcohol or drugs when he was driving. The prosecutor was DDA Adam Maldonado.

• On December 2, 2011, a jury found Omar Kamel Ansari guilty of driving under the influence of alcohol, and driving with a blood alcohol level greater than .08. On September 10, 2010, CHP Officers observed Ansari sitting in the driver's seat of a broken down car with one passenger. Officers contacted Ansari and noticed the keys were in the ignition. Upon being asked Ansari admitted driving the car 10 minutes earlier when it broke down. While speaking to Ansari, officers noticed he displayed several physical signs of intoxication. A breath test showed he had a .10%/.11% blood alcohol content. At trial, the jury rejected testimony from the defendant and the passenger, who both claimed the passenger was driving the car when it broke down. The prosecutor was DDA Scott Ford.

NOVEMBER 2011

Felony Verdicts

• On November 29, 2011, a jury found Michael Anthony Heartsman guilty as charged of first degree murder of a high school student with personal use of a firearm causing death, attempted murder of a second high school student with personal use of a firearm, and being a felon in possession of a firearm. On May 25, 2011, at 2:00p.m., 17 year-old victim and Castlemont High School student Ditiyan Franklin and fellow student Lionel Harris were riding on a bicycle down Ritchie Street in Oakland. As the two made their way toward Arroyo Viejo Park, a white Honda Accord drove toward the bicycle and suddenly braked. The defendant Heartsman exited the right-front passenger door and immediately started firing at the two men. Mr. Franklin was struck in the arm and struggled to run away from Heartsman, while Mr. Harris was not struck and was able to run away. Defendant Heartsman followed Mr. Franklin as he fled and fired six more shots, hitting Mr. Franklin a total of four times. Mr. Franklin died at the scene. The case was unsolved until tips led the Oakland Police Department Homicide Division to Mr. Harris. Mr. Harris was interviewed by police and confirmed the shooter as Oakland rapper "Fat Mike", and identified the defendant in a photo lineup. At preliminary hearing and trial, Mr. Harris identified the defendant in court as the shooter and someone who Mr. Harris had seen routinely for years near Castlemont High School. Heartsman will be sentenced on December 28, 2011. The prosecutor was DDA Eric Swalwell.

• On November 23, 2011, a jury found defendant Kevin Koey Duarte (also known as Rafael Kory Duarte) guilty as charged of first degree murder with enhancements for the personal, intentional discharge of a gun causing great bodily injury and murder committed while in the act of a robbery; and shooting at an occupied vehicle with an enhancement for the personal use of a firearm in the commission of a felony. On April 9, 2007, at approximately 1:00am, the victim, Tony Simon, was at a gas station on the corner of West and W. MacArthur in Oakland. While parked at the the gas pumps, the victim he was approached by a group of black males. Defendant Duarte pulled out a gun and pointed it at the victim and started shooting. The victim drove off and the defendant continued to fire at his fleeing vehicle. The victim drove his car west on W. Macarthur, but eventually lost control and ended up on the median. He had been shot twice in the back. While stopped on the median, an unknown black male approached the car and rifled through the victim's pockets. Two women who had been at the gas station followed after the victim and called police. The victim was pronounced dead at the scene. In September of that year, Duarte was arrested for two burglaries in the Oakland area. While in custody, Duarte admitted to committing the shooting but says he didn't intend to kill him. Duarte said that the victim was driving around the neighborhood trying to get Duarte and his friends to sell dope for him. He is scheduled to be sentenced on January 13, 2012. The prosecutor was DDA Mark Jackson.

• On November 16, a jury found gang member Andrew Barrientos guilty of multiple violent felonies stemming from a 2010 crime spree. Convictions include the attempted murder of Fremont Police Officer Todd Young as well as assault with a firearm on a police officer, carjacking, attempted carjacking, shooting into occupied vehicles, assault with a firearm, making criminal threats and unlawful gun possession. The jury also found to be true several enhancements including firearm use, infliction of great bodily injury and promoting criminal conduct by gang members. Read more...

• On November 8, 2011, a jury found Gumaro Baez guilty of two counts of first degree murder with personal discharge of a firearm causing death, as well as the special circumstances of multiple murder and killing a witness; two counts of attempted murder with personal discharge of a firearm causing great bodily injury; and one count of attempting to dissuade witnesses. The crimes took place on February 3, 2008, the one-year anniversary of Baez's brother being shot and killed by an Oakland police officer after repeatedly reaching for a gun that he had recently fired into the air. The defendant believed that attempted murder victim #1 was somehow responsible for his brother's death for not ensuring his safe return home the night he was killed, and he decided to avenge the death. Baez and former co-defendant Devashawn Walker used a ruse of getting a bottle of alcohol and drinking in memory of the death with attempted murder victim #1, and got into attempted murder victim #1's van. 15-year-old Dominique Brown-Hooper and 17-year-old Melissa Jackson also got into the van with the intention of getting a ride to a music studio. Baez did not know the girls. During the trip, Baez asked attempted murder victim #1 why his big brother "didn't get home that night." Baez then began shooting. He shot the front passenger (attempted murder victim #2) in the neck. He then shot the driver (attempt murder victim #1), who immediately blacked out and was paralyzed. Former co-defendant Walker drove the van toward the defendants' houses while Baez executed the two girls in the back of the van. According to a letter Baez later sent to a fellow inmate at Santa Rita Jail, once he thought attempted murder victim #1 was dead, "everybody had to go. Everybody knows you can't leave witnesses." The defendant also charged with a third count of murder for the killing of Terrance Brown on February 2, 2008, however, he was not convicted of that charge. Witnesses to the Brown homicide refused to cooperate with the police during the investigation and with the prosecution during the trial. Sentencing is set for February 27, 2012. The prosecutor was DDA Stacie Pettigrew.

• On November 2, 2011, a jury convicted defendant Marcellous Corinellous Lewis as charged for murdering one man and raping two women over a period of less than two years. On the afternoon of October 2, 2006, the defendant met an acquaintance at a church in Oakland to talk. While sitting on the outdoor steps, the defendant began to touch the 16 year-old victim under her clothing. The victim told the defendant to stop, but the defendant ignored her pleas and instead put his hand under her pants and underwear and sexually penetrated the victim with his fingers. He then moved the victim behind the church to an isolated location and raped the victim. The jury convicted the defendant of rape and sexual penetration, along with finding kidnapping and multiple victim clauses to be true. On August 26, 2007, the defendant approached a woman from behind at about 1 a.m. in Oakland, grabbed her hair, and forced her to an isolated park where he raped her on a picnic table. The jury convicted the defendant of rape and found kidnapping and multiple victim clauses to be true. On the evening of May 21, 2008, the defendant, who was 17 at the time, went to an apartment in East Oakland to demand a dog that had previously belonged to a friend of the defendant’s. When the resident did not surrender the dog, the defendant went to the man’s kitchen window and fired a shot into the apartment. The resident attempted to defend himself, but the defendant fired another shot at the victim. The victim was shot in the chest and was pronounced dead within the hour at Highland Hospital. The jury convicted the defendant of murder with personal use of a firearm. The defendant faces a life sentence when he is sentenced on December 14, 2011. The prosecutor was DDA Tim Wellman.

Misdemeanor Verdicts

• On November 21, 2011 a jury found Ronald Raymond Stevens guilty of driving under the influence of alcohol, and driving with a blood alcohol content of .08 or higher. On February 27, 2010, a Pleasanton police officer observed the defendant weaving within his own lane before almost crashing into the center divide of Hopyard Road. At a traffic stop, the officer observed the defendant smelled of alcohol, and also displayed signs of intoxication with red, watery eyes and slurred speech. He performed poorly on the field sobriety tests and was placed under arrest. A subsequent breath test showed the defendant had a .13 blood alcohol content. The defendant asserted his BAC reading was inaccurate due to his acid reflux and called a doctor and a forensic scientist to try to dispute the breath results. The defendant was previously convicted of a DUI in 2008. The prosecutor was DDA Amanda Chavez.

• On November 18, 2011, a jury found defendant Hugo Portillo (also known as Juan Reyes) guilty of sexual battery. On August 17, 2011, the 25-year-old female victim was buying groceries at the supermarket. The defendant walked past her and she felt his hand brush against her buttocks. The defendant tried to hide his face, but did not leave the store. The victim paid for her items, and as she exited the store, the defendant followed her a few steps and grabbed her buttocks. Approximately an hour later, the victim saw the defendant in the same general area and took a video that shows him about to grab another woman's buttocks. A second witness testified that she had seen the defendant inappropriately touch women in Chinatown on two separate occasions, and attempt many more, dating back to 2009. The prosecutor was Law Clerk Peter McGuiness.

• On November 15, 2011, a jury found Natasha Lynn Smith guilty of driving under the influence, driving with a blood alcohol content of .08 or higher with an enhancement, and driving on a suspended license. On December 12, 2009, a CHP officer stopped the defendant for speeding within a residential area and for not having a license plate. The officer noticed the defendant displayed signs of intoxication. The defendant performed poorly on the field sobriety tests, with PAS readings of .07, .083, and .101 blood alcohol content. The defendant later submitted to a Drager test and registered at a .16 BAC. The prosecutor was DDA Gemma Daggs.

• On November 15, 2011, a jury found defendant Raymond Jose Hernandez guilty of driving under the influence of alcohol, driving with a blood alcohol content of a .08 or higher, and found true the enhancement that defendant had a blood alcohol content of more than .15. On February 17, 2008, officers responded to a call regarding a suspicious vehicle that had crashed into two parked cars. They found the defendant and a passenger passed out in the vehicle. The defendant admitted to drinking three 32-ounce cans of beer within an hour, vicodin pills without a prescription, and to driving that evening shortly after. Both airbags had deployed in the accident, and the scene smelled strongly of burnt tires and airbag dust. Officers also noticed that the driver's seat was adjusted to fit the defendant. The defendant performed poorly on field sobriety tests and registered .182 on a breath test. On subsequent tests, the defendant registered .17 and .18. The jury rejected the defendant's argument at trial that he was not the driver and that another male driver (not the passenger) drove that evening, but had fled the scene before the officers had arrived. The prosecutor was DDA Quyen Ta.

• On November 10, 2011, a jury found Dominic Gabriel Turner guilty of petty theft. On March 21, 2011 the defendant arrived at his ex-girlfriend's house to return a bike he had previously stolen from her in return for some of his property he had left behind from when they lived together. He was informed by the victim that she no longer had any of his property. The defendant decided to steal the bike back as repayment for the items she had thrown away. The victim came out with a baseball bat to ensure the defendant did not take the bike. A struggle ensued, damaging a fence, and the victim was thrown to the ground. The defendant took the bike, along with the baseball bat, and departed. The prosecutor was DDA Luis Marin.

• On November 8, 2011, a jury found Sukhjid Singh Sandu guilty of driving under the influence and driving with a blood alcohol content of a .08 or higher, and found true the enhancement that the defendant had a blood alcohol content of more than .15. On January 22, 2010, at 2:20 am, a CHP sergeant observed the defendant making an unsafe lane change near the MacArthur maze. His quick lane change made the car fishtail and the defendant almost lost control of the car, but he was able to make another unsafe lane change to maintain control. It took the defendant several minutes to respond to the officer's orders before he finally pulled over properly. The defendant smelled of alcohol, had red and watery eyes, and slurred speech. He performed poorly on the field sobriety tests and was ultimately arrested for DUI. The defendant elected to take a blood test and the blood test result was .21. The prosecutor was DDA Allyson Donovan.

• On November 3, 2011, a jury convicted Gina Marie Fitzgerald of driving under the influence of drugs, a violation of Vehicle Code § 23152(a). She also admitted two prior DUI convictions, and plead no contest to one count of driving while her license was suspended for prior DUI convictions, a violation of Vehicle Code § 14601.2. On November 28, 2010, Fremont Police responded to a call of an accident at the intersection of Mowry and the I-880 northbound off ramp. Witnesses watched the defendant drive through the intersection and into a pole. The defendant was speaking incoherently, hallucinating, and having difficulty standing. A blood test revealed she was under the influence of Ambien, Vicodin, Percocet, and Dilaudid. The defendant is facing 130 days in the County Jail when she is sentenced. The prosecutor was DDA Chris Cavagnaro.

• On November 3, 2011, a jury found Patricio Ixmate Perez guilty of driving under the influence of alcohol, driving with a blood alcohol content of a .08 or higher, and an enhancement of driving with a blood alcohol content of .15 or higher. On October 22, 2010, a concerned citizen flagged down a CHP officer after observing the defendant crash his car into a cement median while speeding in San Leandro. After the crash, the citizen saw the defendant drink two beers, and then try to drive away despite his intoxication. CHP officers responded to the scene and began a driving the under the influence investigation. The defendant claimed not to be the driver, while holding two coronas, as he approached the responding officer. The defendant had a blood alcohol content of .23, however, and was arrested for driving under the influence after his poor performance on the field sobriety tests. The prosecutor was DDA Gemma Daggs.

• On November 1, a jury found Alan Michael Benson guilty of driving under the influence of alcohol, driving with a blood alcohol content of a .08 or higher, and an enhancement of driving with a blood alcohol content of .15 or higher. On April 16, 2010, ACSO deputies observed Alan Benson sitting in the driver's seat of a parked SUV with two passengers passed out inside. Deputies contacted Benson and noticed the keys were in the ignition. Upon being asked Benson admitted parking the SUV a few minutes earlier. While speaking to Benson, deputies noticed he displayed several physical signs of intoxication. A blood test showed Benson had a .19 blood alcohol content. At trial the jury rejected testimony from two witnesses who both claimed that Benson was driven to the location where deputies contacted him. The prosecutor was DDA Scott Ford.

• On November 1, 2011, a jury found defendant Gina Maria Giles guilty of driving under the influence. On July 13, 2010 at 8:57 a.m., a CHP Officer responded to a 911 call regarding a traffic collision. The defendant had slammed her breaks suddenly, causing the reporting witness, who had two young children in her car, to run into the defendant's car. When the officer arrived on scene, the defendant was gone. The reporting witness gave the officer the defendant's driver's license information and the officer drove to the defendant's address. Upon contacting the defendant at the door, the officer noticed objective signs of alcohol intoxication. The car in the defendant's garage also matched the description given by the reporting party and had damage consistent with the collision. The defendant performed poorly on the field sobriety tests and a blood test showed that she had a blood alcohol level of .24 at 10:41 a.m. The case was prosecuted by DDA Amy Deng.

OCTOBER 2011

Felony Verdicts

• On October 28, 2011, a jury convicted Pierre Joenell Goins of second degree murder with an enhancement for discharge of a gun causing death, and possession of a firearm by a felon. On July 8, 2009, at 4:00 am, Goins shot Julius Batiste in the back four times in Batiste's apartment. Batiste and his girlfriend, Latasha Odom, had been preparing for her son Andre’s 10th birthday the following day, blowing up balloons and hanging streamers. The couple's two year old daughter, Julianna, was sleeping in the bedroom. Odom’s cousin, Bianca Hernandez, brought a new boyfriend of hers, Pierre Goins, with her to Odom’s house. Goins met Batiste for the first time at the front door and they appeared to get along. After several hours of playing dominoes and cards, smoking marijuana and drinking alcohol, Batiste stood up from the table where they had been playing cards and walked towards the kitchen. Goins then stood up, pulled a loaded revolver from his pocket, and shot Batiste in the back four times at close range. Goins fled the scene and was arrested the following day in Stockton with the murder weapon and another loaded revolver. The prosecutor was DDA Joe Goethals.

• On October 20, 2011, a jury found defendant Rodney Jamaar Smith guilty of one count of forcible rape, three counts of forcible oral copulation, and one count of forcible sexual penetration with a foreign object. The jury also found that defendant used a knife during the sexual assaults. On January 6, 2009, Jane Doe met the defendant while walking from a Bart Station near Broadway and 12th Street in Oakland. After a brief conversation, they walked several blocks together and eventually she gave defendant her telephone number and a friendship developed. On January 14, 2009, Jane Doe invited defendant to her home for dinner. When another man phoned the victim, the defendant became angry and attacked Jane Doe. He picked up a knife and made her take off all her clothing. Over a four hour period defendant sexually assaulted Jane Doe. The prosecutor was DDA Jimmie Wilson.

• On October 21, a jury convicted defendant Mario Alfredo Pacecho of two felony counts of unlicensed dentistry creating risk of harm and two misdemeanor counts of unlicensed practice of medicine and dentistry. This case was initially investigated by the California Dental Board, acting on two anonymous complaints. After the initial investigation, two Spanish speaking women reported that they were victims of Pacheco's form of dentistry.
  During the trial, both victims testified. The one victim told the jury that she went to the defendant only to have him repair an old bridge that was broken. He instead convinced her to let him give her a "Colgate smile" (his words) for the same price. She paid Pacheco $10,000 and he ground all her teeth to little nubs or posts and then put temporary crowns on them, causing her her pain and infection. The crowns kept falling out/off and he kept giving her new temporary ones, and never gave her permanent ones. Pacheco also extracted two teeth and gave her a root canal. He treated her infection by cutting her upper gums from one side to the other and sprayed diluted bleach on her gums. One time, Pacheco gave her so many injections (five) that she had a severe adverse reaction. She kept seeing him for almost four years. Finally, he welded all her crowns together. This forced her to obtain remedial work from a dentist.
  The second victim testified that she went to see Pacheco and asked him to only replace her silver fillings in two teeth with white fillings. He told her he would also give her a retainer to correct her overbite. She paid him $1,500. Pacheco removed her two fillings and never replaced them with the permanent white fillings. His temporary fillings kept falling out. This caused her pain and infection. Pacheco gave her two root canals against her will in the two teeth that formerly had the silver fillings. He extracted a healthy tooth without her permission. Pacheco's work caused her severe pain and infection. Once the pain was so great that she fainted and went by ambulance to the ER. He told her not to go to the hospital when she told him about how severe her pain was. Pacheco once gave her twenty or thirty injections of a local anesthetic in one visit. He, too, used bleach in her mouth. The defendant will be sentenced on November 21, 2011. The case was prosecuted by DDA Bob Hartman, of the Consumer Fraud Division of the District Attorney's Office.

• On October 17, 2011 a jury found defendant William Andrew Moore guilty of robbery. On July 11, 2011 at 4:49 a.m., Ashok Nagpal was working as the midnight clerk at the 7-11 on Farwell Drive in Fremont. The defendant walked into the store wearing a black beanie cap with a brim, black gloves, a bandana over his face, black pants, and a brown t-shirt over a black long sleeved shirt. He had a paper bag over his right hand. The defendant forced Mr. Nagpal behind the counter and said "cash" and "money" while gesturing with the paper bag. Fearing that there was a gun or knife underneath the bag, Mr. Nagpal opened the cash register. The defendant took $129.00 and two packs of American Spirit cigarettes and walked out of the store. At 9:03 a.m. the Fremont Police Department received a call from the Best Western Hotel of a man dressed in black who was sleeping in the lobby and would not leave. The responding officer responded and saw the defendant sleeping. He saw a black beanie cap with a brim and black gloves on the defendant. He also saw an ice pick sticking out of the defendant's pocket. Suspecting the defendant may have been involved in the robbery from earlier that morning, the officer arrested the defendant for the ice pick. Once arrested, the police searched the defendant and found $121.00, a pack of American Spirit cigarettes, and a cell phone. The cell phone contained multiple messages, including one sent at 3:19 a.m. stating "Bout 2knock this clerk". The prosecutor was DDA Chris Infante.

• On October 5, 2011, a jury found three gang members guilty of numerous felonies: Jacob Christian Mullan was convicted of rape in concert with a gang enhancement; Ekanem Kufreobon Essien was convicted of rape in concert with a gang enhancement, and robbery with a gang enhancement; Braian Calvo was convicted of robbery with a gang enhancement and grievous bodily injury, assault with force likely to produce GBI, and GBI. On January 29, 2011, Jane Doe attended a party thrown by Eric Kuehn, a man she had known for several years. While at the party, victim interacted with the eventual defendants. One of the defendants, Braian Calvo, tried to hit on the victim, but she refused his advances. The party was ending, so Eric Kuehn invited her to watch TV in his room until it was light enough for her to walk home. Eric Kuehn, Jane Doe, and the defendants entered Kuehn's room and started watching TV. After about ten minutes, Ekanem Essien approached the victim and pushed her on down onto the bed. Initially, Ms. Doe thought he was playing and quickly sat back up. Ekanem Essien then used more force and pushed Ms. Doe back down onto the bed. As Ekanem Essien was holding her arms and forcing her down onto the bed, she felt her pants being forced off of her. Jacob Mullan was forcing her pants down and holding her legs. Ekanem Essien raped Ms. Doe, and when he withdrew, Jacob Mullan raped her. The rape stopped when Eric Kuehn, who was laying on the bed next to Jane Doe and staring at her as she was being raped, told Jacob Mullan to stop because it was getting too loud and he was concerned his parents may wake up. After the rape, Ms. Doe walked out of the house. She pulled out her cell phone and began to call her mother. Ekanem Essien punched Ms. Doe on the right side of her face and robbed her of her purse and contents. Braian Calvo then punched Ms. Doe in her left eye and stole her cell phone. Ms. Doe chased after Braian Calvo in order to retrieve her phone and finally stopped after Calvo punched her 3-4 times in her left eye. Ms. Doe suffered a fracture to her maxillary sinus and a fracture to the floor of her left orbital bone. The prosecutor was DDA Elgin Lowe.

• On October 5, 2011, a jury found defendant Jeremy L. Millbrook guilty of willful, deliberate, attempted murder with enhancements, and two counts of assault with a firearm with enhancements. On 19 December, 2009, defendant Millbrook and his girlfriend Jennifer Diaz were attending a friend’s house party. Diaz got into an argument with victim Sione Manoa, and several people separated the two. A few minutes later, Millbrook argued with Mr. Manoa inside the kitchen. During this argument, a friend of Mr. Manoa, victim Mr. Matthew Galvan, tried to push Mr. Manoa out of the house to calm everything down. Suddenly, Millbrook pulled out a gun and fired a live round to the ground. Millbrook immediately fired another shot, striking Mr. Galvan in his right hand. The bullet passed through Mr. Galvan's right hand and penetrated Mr. Manoa's chest. Millbrook and girlfriend Diaz fled the scene, and struck another car as they made their getaway. Mr. Manoa was in a medically-induced coma for over a week following the shooting and the bullet remains lodged against his spine. This event caused Mr. Manoa to lose his football scholarship, yet he still went onto college and is considering law school. The prosecutor was DDA Butch Ford.

• On October 5, 2011, a jury found Otis Miguel Crawford guilty of attempted robbery with an allegation that the defendant personally and intentionally discharged a firearm causing great bodily injury, as well as illegal possession of a firearm. On Sunday May 30, 2010, victim Juan Ventura was selling ice cream from a cart near St. Anthony’s Church in East Oakland. The Defendant and two juvenile suspects approached Mr. Ventura and the defendant asked for an ice cream. When Mr. Ventura took out the ice cream,the defendant held a revolver to Mr. Ventura's face and said that he would kill him. When Mr. Ventura asked why, the Defendant pulled the trigger. The gun did not fire and a struggle ensued. The defendant pulled the trigger again, the bullet striking Mr. Ventura's hat. The defendant then pushed Mr. Ventura onto the ground and pulled the trigger a third time. Mr. Ventura was shot in the upper back, and the bullet remains inside his body.. The prosecutor was DDA Danny Lau.

• On October 3, 2011, a jury convicted Ronald Demetris Thomas of second degree murder, with the personal use of a firearm. On November 20, 2009, the victim, Alvin Burns Jr., celebrated his 24th birthday with friends. At one point during the evening, Mr. Burns and two friends parked in front of a home on the 8700 block of MacArthur Blvd in Oakland to wait for another friend to come outside. As they were waiting in the car, the defendant walked by. One of the passengers of the car called out the defendant's name and, in response, he walked toward the victim's car. After looking inside the victim's car, the defendant said, "What's up" in an aggressive manner to the victim. Shortly thereafter, the defendant pulled out a .40 caliber hand gun from his waistband and shot the victim in the head. The prosecutor was DDA Mark Jackson.

Misdemeanor Verdicts

• On October 18, a jury convicted co-defendants Elizabeth Bamaca, Jason Ozolins and Michael Veremans of violations of Penal Code § 602(q) and148 (a)(1), trespassing and refusing to leave, and obstructing and resisting a police officer. The crimes took place on March 3, 2011, a day of protests at UC Berkeley regarding student fee hikes. At 5:00 p.m., the protesters gathered in front of Wheeler Hall and gradually moved inside the building and at 10:00 pm. the police told that the building was closed and that they needed to leave. A group of protesters sat in a circle and linked arms, refusing to leave and arrests were made. When the defendants were arrested, they resisted by separating from the other protesters who were linking arms in a circle and refusing to stand. They had to be carried out of the Hall. Defendant Ozolins challenged the officers to "snap [his arm] off - that's police brutality!" Even after the officer asked him nicely to stand up and walk, he refused. All of this was caught on tape and shown to the jury. The Prosecutor was DDA Angela Chew.

• On October 18, 2011, a jury convicted defendant Everett Robert Walker of evading a police officer and delaying a police officer, both misdemeanor offenses. On September 15, 2011, San Leandro Police responded to a burglary-in-progress call. While enroute, he received information that the suspects were believed to be driving away from the area in a black Acura with no license plate. A few moments later, the responding officer spotted the suspect vehicle near the northbound 880 on ramp at Washington Ave. and observed the defendant sitting in the driver seat. When he attempted to pull the defendant over, the defendant sped off onto northbound 880, reaching speeds near 90MPH. Once on the freeway, the defendant drove onto the right shoulder to pass a car before cutting across all 5 lanes of traffic, nearly causing 3 separate accidents. The pursuit was then terminated in the interests of public safety. Two minutes after the pursuit was terminated, Detective Goodman saw a car matching the description exit N/B 880 at the 98th Ave off ramp. He followed the car until it stopped and watched the defendant get out of the driver seat. When he tried to stop the defendant, he took off running, leading the officer on a 3 block chase before surrendering to other officers who had blocked off his escape route. The prosecutor was DDA Scott Ford.

• On October 17, 2011, a jury found defendant Luis Guerrero guilty of driving under the influence and driving with a blood alcohol content in excess of .08. Defendant Guerrero was stopped on February 27, 2010, at 3 am for a trailer hitch blocking part of his license plate. He exited the I-880 freeway and stopped on Alvarado Boulevard without a problem. He showed moderate signs of inebriation during field tests, but spoke smoothly and was not stumbling. He refused a PAS test but chose a breath test after his arrest, which resulted in .10 BAC at just after 4 am. The prosecutor was DDA Dan Roisman.

• On October 14, a jury found Olia Bell Lathan guilty of Penal Code § 417 (a)(1), exhibiting a deadly weapon. On May 15, 2011, defendant Lathan saw her husband walking down the street alongside the victim. Believing her husband was being unfaithful, the defendant abruptly stopped her car, got out and began yelling obscenities at the victim. As the victim tried to calm her down, the defendant approached her holding a knife tucked inside a sheath. The yelling continued and the defendant's husband had to hold the defendant back from getting close to the victim. The prosecutor was DDA Luis Marin.

• On October 14, 2011, a jury convicted defendant Michael Givens of violating Penal Code §243(e)(1), domestic battery against a cohabitant. On July 7, 2009, while at the victim’s home, the defendant became angry and started yelling at the victim. He threw her against a doorframe and they eventually ended up in the bedroom. There, the defendant grabbed the victim by her hooded sweatshirt, pulled her to the edge of the bed and choked her. Then as the victim tried to leave, the defendant spat into her face. The victim fled the house with no shoes wherein her neighbor picked her up and called police. The prosecutor was DDA Christopher Chin.

• On October 4, 2011, a jury found defendant Alvaro Castillo guilty of driving under the influence, driving under the influence with a blood alcohol level greater than 0.08%, and driving on a suspended license. On April 16, 2011, CHP officers observed the defendant's blacked-out vehicle on the side of Northbound I-880, south of the Thornton Avenue exit. The defendant's car had crashed through a road sign, and traveled 30 feet along a raised dirt embankment off the freeway's shoulder. Upon contact, the defendant was outside of the vehicle. Castillo claimed to have been asleep in the back seat as he was too intoxicated to drive, and that the driver left the scene to get help. At trial, the jury rejected testimony from several defense witnesses that another individual drove the car, and found the defendant guilty. The prosecutor was DDA Adam Maldonado.

SEPTEMBER 2011

Felony Verdicts

• On September 29, 2011, a jury convicted Pierre Rushing (also known as Pierre Diamond Smith) of first degree murder with use of a firearm based on an April 15, 2011 incident. At approximately 3:45 a.m. on that date, the defendant shot and killed Dawonye Taylor on the 8000 block of International Boulevard because he believed Taylor had stolen his iPod. The defendant will be sentenced on October 26, 2011. The prosecutor was DDA Greg Dolge.

• On September 28, 2011, a jury convicted Ginger Vlahosschmidt, 28, of felony assault with a knife causing great bodily injury. On June 28, 2011, Zeno Lopata, 55, was stabbed in his apartment in Oakland by Vlahosschmidt. Mr. Lopata shared a flat with Vlahosschmidt and another woman who each had separate rooms but shared a common area. Mr. Lopata and the defendant were watching television and drinking the evening of the assault. Lopata and the defendant had a disagreement causing her to hit him and leave the room. Minutes later, Lopata was hanging clothes in his closet when he heard the defendant run up behind him and felt something stab him in his left side. Minutes later, Lopata was hanging clothes in his closet when the defendant ran up behind him with a knife, and stabbed him in the side, causing a large puncture wound. Oakland PD arrested the defendant 40 minutes later, hiding behind the building, still holding the knife. The prosecutor was DDA Joe Goethals.

• On September 27, 2011, a jury found Miguel Wooten guilty of first degree murder and found true the intentional discharge of a firearm causing death enhancement. On September 21, 2008, defendant Miguel Wooten shot and killed William Jeffrey Johnson shortly after 2pm at the Valero Gas Station at Seminary Ave. and Macarthur Blvd. in Oakland. The defendant, who lived in San Jose, and victim, who resided in the 64th Ave and Macarthur Blvd. area of Oakland, had a verbal altercation a few months earlier. The defendant and the victim had also dated the same girl in the past. Wooten claimed that Johnson and his friends made verbal threats against his life, although these were never made directly by the victim. On September 21, 2008, the defendant saw Johnson sitting in the back seat of a parked Lexus at the Valero gas station. The defendant said "What's up, blood" to Johnson and, as Johnson turned, the defendant fired at least five shots, killing him. During the defendant's initial statement to Oakland Police Homicide Investigators, he admitted shooting the victim because he had heard about the threats and decided to preemptively strike. The prosecutor was DDA Eddie Vieira-Ducey.

• On September 19, 2011, a jury found Charlie Harrington guilty of carjacking. On August 16, 2010, Charlie Harrington, along with three other men, approached the victim, Tisha Rose, while she was in her car. Ms. Rose had parked her car near the intersection of 7th Street and Market Street in Oakland. Two of the men had semi-automatic handguns while the other two acted as lookouts. At gunpoint, two of the men took Ms. Rose’s car and jewelry. The Defendant and the other three men got in the car and sped off. Two days later, Richmond Police caught the defendant driving Ms. Rose’s car. After a brief high-speed chase, officers apprehended the defendant. Harrington will be sentenced on November 18, 2011. The prosecutor was DDA Tim Wagstaffe.

• On September 12, 2011, a jury convicted Desmen Lankford of two counts of first degree murder and found that he personally discharged a firearm causing the deaths of Kelvin Davis and Kevin Parker. The jury’s verdicts also found true the multiple murders special circumstances allegation, rendering Lankford ineligible for parole. On September 18, 2008, Kelvin Davis and Kevin Parker were shot and killed in the 1400 block of Derby Street in Berkeley while Parker was in the process of selling Davis a car. Defendant Lankford was a known North Oakland gang member and active participant in a so-called “shooting feud” with South Berkeley drug dealers going back to at least 2003, and Kelvin Davis (and his twin brother Melvin) were known to be part of the ongoing feud. Key evidence presented at trial included incriminating statements made by Lankford in jail calls recorded by the Sheriff’s Department and the contents of two letters handwritten by Lankford that were intercepted with the assistance of Sheriff’s Department at the facility where Lankford was incarcerated while awaiting trial. In these letters, Lankford sought to have the informant witness murdered to prevent his testimony, and urged his cousin to lie under oath. Additional evidence in the form of graffiti written by Lankford on the walls of three jail cells at the Rene C. Davidson Courthouse was also presented to the jury. This graffiti took the form of identifying a former cellmate that was cooperating with the prosecution as a “snitch.”, which suggested additional efforts on Lankford’s part to prevent testimony against him. The District Attorney’s Office would like to acknowledge Hastings College of Law student intern Annie Daher for her assistance in preparing this case for trial. Desmen Lankford will be sentenced on November 10. The prosecutor was Senior Deputy District Attorney James Meehan.

• On September 6, 2011, a jury convicted defendants Damarcus Thompson and Cheleia Swayne of gross vehicular manslaughter while intoxicated, driving under the influence causing injury, and infliction of great bodily injury on three victims. Damarcus Thompson was also convicted of leaving the scene of an accident causing death and serious permanent injury. On August 15, 2009, Defendants Cheleia Swayne and Damarcus Thompson had both consumed a large amount of hard alcohol. Damarcus Thompson got into the driver's seat of Swayne's boyfriend's car. Cheleia Swayne sat on Thompson's lap in the driver's seat. Victim La'Camii Ross was the right front passenger, and surviving victims Jalisha Harris and Everett Jackson sat in the backseat. There was an empty, available seat in the backseat of the car. The defendants drove over four miles at freeway speeds on city streets and eventually failed to negotiate a turn, slamming into a pole at the Coast gas station in San Leandro. The vehicle burst into flames. Damarcus Thompson walked away from the scene, leaving everyone inside the burning vehicle. La'Camii Ross was killed due to blunt trauma and extensive thermal burns. Jalisha Harris suffered a broken neck and broken wrist. Everett Jackson, who is Damarcus Thompson's cousin, suffered a broken leg and severe head trauma and has lasting neurological impairment. When officers arrived, Cheleia Swayne admitted to being the driver and showed signs of alcohol intoxication. Her blood alcohol level was 0.12%. The prosecutor was DDA Stacie Pettigrew.

• On September 1, 2011, a jury convicted defendant Lloyd Townsend of first degree murder with personal use of a firearm for the killing of Willie Tatmon; on September 6, 2011, the same jury convicted co-defendant Maurice Frazier of second degree murder for the killing of Tatmon. Townsend and Frazier shot and killed 22-year-old victim Willie Tatmon, on September 17, 2007, at the Poplar Recreation Center in West Oakland. Defendant Townsend and Mr. Tatmon got into a verbal argument during a pick-up basketball game. Townsend left the recreation center, and returned with Frazier. Both defendants came armed with guns. Townsend first shot Tatmon inside the center, then chased him outside and where both defendants continued to shoot, striking him a total of four times. Both defendants will be sentenced on November 4, 2011. The prosecutor was DDA Joseph Goethals.

Misdemeanor Verdicts

• On September 26, 2011, a jury found defendant Edward Jesus Mosqueda guilty of one count of sexual battery. On August 21, 2011, around 1 am, Jane Doe was walking near Oxford St. and Center St. in Berkeley to meet some of her friends to walk home together. When Ms. Doe got to the bridge on Grinnell Path, suddenly the defendant appeared on her left and asked her for directions to Kittredge Street in Berkeley. Ms. Doe turned to point to downtown Berkeley to provide defendant with directions when he suddenly and forcibly grabbed Ms. Doe's vagina and breast for approximately 5 seconds. Ms. Doe was able to knock his arms away and ran off. Ms. Doe's friends were nearby and heard Ms. Doe scream. As they ran to help her, both friends also saw the defendant leaving the scene and walking quickly into the campus. Ms. Doe was able to flag down a security officer nearby to report the crime. The defendant was caught by the UC Berkeley Police within minutes, a short distance away. All three women were taken for an in-field show-up and all three positively identified the defendant on the scene and in court. The prosecutor was DDA Allyson Donovan.

• On September 20, 2011, a jury convicted defendant Darren Winters of battery to a cohabitant. At the time of the incident, the defendant and victim were in a relationship and had been living together for 4 years. On April 1, 2010, the defendant and victim got into an argument. The defendant chased the victim out of the bedroom, pushed her to the ground and punched her in the head and body multiple times in front of the victim's 9-year-old daughter. The victim and her daughter fled the residence, and did not report the incident until 6 days later when she made a counter report on April 7, 2010. The Alameda County Sheriff's Office conducted an investigation and Winters was arrested at his residence. The prosecutor was DDA Amy Deng.

• On September 13, 2011, a jury found defendant Cesar Isidrio Chavez guilty of Penal Code §273.6(a) disobeying a domestic relations court order. Defendant Cesar Chavez and the victim have children together, and on the day of the incident were due to take their 3-year-old to the Children's Hospital. However, on the morning of the agreed visit, Chavez arrived intoxicated at the victim's house at 5am. The defendant and the victim argued, and the defendant hit the victim in the arm, causing a visible bruise. Later that morning, Chavez pushed the victim into a glass door. The prosecutor was DDA Luis Marin.

• On September 12, 2011, a jury found defendant Gregory Stewart guilty of Penal Code § 148(a)(1) resisting or obstructing a peace officer. On October 29, 2010, Gregory Stewart crashed into a parked car, and then attempted to open the doors of several parked cars. A concerned neighbor called 911 to report it, and responding Oakland PD officers arrived on scene to discover the defendant passed out in the driver's seat of his car. The car was not registered to defendant, and the keys were in the ignition. As officers went to remove Stewart from the car, he became combative and the use of a taser was required to subdue him. Once handcuffed, defendant refused to do any field sobriety tests, answer any questions and refused to submit to any chemical tests. The prosecutor was DDA Greg O'Connell.

AUGUST 2011

Felony Verdicts

• On August 22, 2011, a jury convicted defendant Anthony Ramirez of first degree murder for the killing of Chad Clarke on April 20, 2008 during an attempted robbery. Around 11 p.m. on April 19, 2008, the defendant, along with three co-participants, traveled by car from Rodeo to Emeryville in order to rob Clarke, a marijuana dealer, of cash and drugs. The defendant and his co-participants arrived in Emeryville and waited nearly two hours before attempting to rob the victim. During this time, the defendant and another participant were observed walking up and down the sidewalk in front of Clarke’s apartment building. Shortly after 1 a.m. on April 20, 2008, the defendant knocked on the victim’s front door as a co-participant acted as a lookout nearby. The defendant used a rouse to get Clarke to open his front door. Clarke was holding a gun when he answered the door. The defendant, wielding a .40 caliber semi-automatic handgun he obtained from another co-participant, fired a single bullet into the victim’s torso. The bullet ripped through the victim’s body, killing him. Ramirez faces a sentence of 25 years to life in state prison when he is sentenced on October 14, 2011. The prosecutor was DDA Tim Wellman.

• On August 18, 2011, a jury found Jason King guilty of first degree murder with personal use of a firearm and attempted murder with personal use of a firearm. On June 10, 2007, at approximately 12:30 am, victim Jason McGill was selling narcotics on the corner of 71st and Hamilton in Oakland. As Mr. McGill stood at the intersection, attempted murder victim Sherman Hart arrived on his bike. Mr. McGill and Mr. Hart spoke for several minutes before defendant Jason King and a second man arrived at the location. Without saying a word, defendant King walked up to Mr. McGill and shot him once in the head with a semi-automatic handgun. The defendant next turned his gun towards Mr. Hart and unleashed no less than seven shots as the victim attempted to ride away on his bike. Mr. Hart was able to escape, but only after being shot twice before reaching safety. While in custody, defendant King attempted to pay another inmate $7000 to kill a potential witness prior to the preliminary hearing. Fortunately, before the plot could be carried out, lead OPD Homicide Sgt. Rick Andreotti learned of the plan. Sgt. Andreotti notified the Alameda County District Attorney's Office which immediately took significant steps to increase the safety of this witness. Defendant Jason King will be sentenced on October 7, 2011. The prosecutor was DDA Charles Wilson.

• On August 16, 2011, a jury convicted Dreshawn Lee of the first-degree murder of Gary Jackson with the personal use of a firearm, assault with and use of an assault rifle against Angelica Mourning and personally causing great bodily injury to Angelica Mourning. On September 28, 2009, victim Gary Jackson was working as a security guard at a taco truck on 48th Ave. & International in Oakland. The defendant approached the taco truck carrying a shotgun. The police arrived, the defendant was arrested, and victim Gary Jackson identified the defendant as having the shotgun. The defendant was arrested and taken to jail, but was released on October 16, 2009. On December 28, 2009, through a mutual friend, Lee lured victim Gary Jackson, to his house. Mr. Jackson drove to the home along with victim Angelica Mourning. When Jackson parked his car, he approached the mutual friend while Mourning remained in the car. From a balcony, Lee fired multiple rounds from an AK-47 assault rifle at Jackson, hitting him twice. Lee then went to the street and fired another round of shots into Jackson's car, hitting Angelica Mourning three times in the arm and wrist. Four hours after the murder, an Oakland Housing Authority employee recovered the assault rifle, which was later tested and had Defendant Lee's DNA on the trigger. Lee will be sentenced on October 28, 2011. The Prosecutor was DDA Eric Swalwell.

• On August 3, 2011, a jury convicted Dwayne Robinson of second degree murder with a firearm and three counts of assault with a firearm. On March 28, 2009, the defendant brought an illegal handgun to a restaurant on Telegraph Avenue in Oak