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

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People v Duane Alan Nailor

On February 8, 2016, a jury convicted Duane Alan Nailor of attempted voluntary manslaughter, mayhem, assault with a deadly weapon, and evasion of a peace officer.

On October 23, 2013, at approximately 12:30 am, victim Shawn Bradford and his friend Deshaun Montgomery waited for a bus at the corner of Center Street and Shattuck Avenue in Berkeley. Defendant Nailor approached the intersection in his SUV, and the two men asked him for a cigarette. Defendant Nailor responded by asking them if they liked wearing panties.

Montgomery became got upset and threw a beer can at the defendant’s window. Defendant Nailor then exited his car with a metal pipe and swung at the men. He specifically targeted Mr Bradford, and struck him twice in the torso and then in the head. Mr Bradford fell to the ground and lost consciousness. Defendant Nailor continued to hit Mr Bradford in the head for approximately 15 minutes and screamed, “Who’s wearing the panties now?”. Momentarily, Defendant Nailor stopped to challenge the crowd that had gathered around and tried to stop him.

Several witnesses called 911 and Berkeley Police officers responded. Defendant Nailor sped away as officers responded to the scene and led the two officers on high speed chase through Berkeley residential streets for over a mile. He reached speeds of 90 miles per hour, ran a red light, collided with a Berkeley Police Department Sergeant in a marked patrol car, and then continued to drive on until he crashed his car. Berkeley Police officers responded to the crash site and arrested Defendant Nailor who was hiding at a residence nearby, under a tarpaulin. Officers also recovered the metal pipe used in the attack against Mr Bradford.

The defense claimed that that Defendant Nailor was unconscious at the time of the attack, and that he was acting under a schizophrenic delusion that he was as an ordained officer of the law, which was caused because he stopped taking his medications two weeks prior. Defendant Nailor also claimed that he acted in self-defense.

On February 10, 2016, the defendant withdrew his not guilty by reason of insanity plea. Defendant Duane Alan Nailor is scheduled to be sentenced on March 9, 2016.

The case was prosecuted by DDA Gemma Daggs with the assistance of DA Inspector Thomas Cleary and Victim-Witness Advocate Rhoden Briones.

Posted on Feb 10, 2016