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

Meet DA Nancy E. O'Malley

People v Mykolay Jimmy McGowan

On May 4, 2017, a jury found Defendant Mykolay Jimmy McGowan guilty of two counts of attempted murder with the use of a firearm and great bodily injury, one count of attempted murder with great bodily injury, assault with semi-automatic firearm, and possession of a firearm by a prohibited person.

On April 13, 2015, at approximately 5:15 pm, Defendant McGowan jumped out of a black SUV at the intersection of Havenscourt and Foothill Blvd in Oakland. Defendant McGowan fired 14 shots at victim Christian Waters and victim Myzil Waters. Both the Waters brothers were hit with gunshots - one suffered a broken femur and the other was shot in the leg and wrist. A mechanic working outside of his auto shop was standing between the shooter and the Waters brothers, and he was struck in the chest and arm by gunfire. Fortunately he, too, survived this incident, but testified he no longer wishes to keep that shop open, preferring to work at a different location.

When officers from the Oakland Police Department tracked down Defendant McGowan at his home, they saw the same vehicle captured on surveillance cameras from the auto shop. Officers surrounded the house and the defendant fled out of the back of the house. Defendant McGowan was eventually arrested after a short chase. A recent booking photo of Defendant McGowan showed him wearing a sweatshirt that appeared to resemble the sweatshirt that the shooter was wearing on the surveillance footage. In a recorded call made from the jail shortly after his arrest, his girlfriend told him that the police didn’t find the sweatshirt and that she would be taking it to a BBQ, referencing her intent to burn it.

Defendant Mykolay Jimmy McGowan is scheduled to be sentenced on June 23, 2017.

The case was prosecuted by DDA Matt Gaidos, with assistance from DA Inspector Jim Rullamas and Victim Witness Advocate Liliana Bueno.

(Docket #610425)

Posted on May 22, 2017