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

Meet DA Nancy E. O'Malley

People v Mills

Recent verdict:

On June 28, 2012, a jury convicted David Mills of three counts of first degree murder, one count of premeditated attempted murder, and two counts of animal cruelty stemming from a March 10, 2005 shooting in Oakland's Brookfield Village district.

During the five week trial jurors heard testimony from Elizabeth Martinez who survived after being shot three times. Ms. Martinez identified David Mills as the shooter of her husband, Dale Griffin, her sister, Rebecca Martinez, and a friend, James Martin as they were seated in a car parked in the 9900 block of St. Elmo Drive. Ms. Martinez's willingness to cooperate with Oakland Police led to David Mills' arrest several hours later. At the time of his arrest Mills was found in possession of a 9mm semi automatic pistol. The pistol proved to be a ballistics match to ten casings recovered at the crime scene. Other evidence tying Mills to the shooting included records from Rebecca Martinez's cell phone showing two calls between her phone and a phone connected to David Mills within minutes of the murders.

Elizabeth Martinez's testimony that Mills had lured the group to the area of his father's house in order to return a gun stolen from Rebecca Martinez's boyfriend some weeks earlier was corroborated by the boyfriend, Alex Lomas. Lomas testified that Mills was a friend and drug dealing associate who removed the gun from Lomas' apartment without permission and then refused to return it when confronted. Lomas also testified to a potential motive for the killing and described bad blood that existed between Mills and Dale Griffin.

The cruelty to animal counts related to the wounding of two dogs that were inside the victims' car at the time of the shooting. One of the dogs was on Elizabeth Martinez's lap at the time of the shooting and absorbed a gunshot wound that otherwise would have struck her. The jury also found true the special circumstance allegation of multiple murders. The same jury will hear additional evidence starting on July 9th to decide whether to recommend a sentence of death or life in prison without the possiblity of parole.

Senior Deputy District Attorney Jim Meehan is the prosecutor on the case assisted by Inspector Steve Revel.


Posted on Jul 2, 2012