Dec 27, 2022 | Verdicts
On October 31, 2022, a jury found defendant Reginald Walker guilty of corporal injury to a spouse or cohabitant.
The defendant and the victim were in an on-and-off again dating relationship and lived together in the victim’s apartment.
On August 30, 2021, the defendant’s other girlfriend assaulted the victim and the victim filed a restraining order.
On November 19, 2021, the victim confronted the defendant and told him that if he continued to speak to his other girlfriend, he was no longer allowed in the apartment. The defendant snapped, grabbed the victim by the neck, and choked her. He wrapped his legs around her, restraining her, then punched her several times in the face, head, back and ribs while calling her a derogatory word. Victim pled with the defendant to stop and told him he was hurting her. She called 911.
The defendant is expected to be sentenced on November 21.
DDA Maryam Ahmad prosecuted the case with aid from Victim-Witness Advocate Hoda Avaz.
Dec 27, 2022 | Verdicts
On October 6, 2022, a jury found defendant Victor Casias guilty of attempted voluntary manslaughter.
On September 12, 2021, the victim saw his ex-girlfriend at a bar in Hayward. She left, only to return with her new boyfriend, the defendant. When the ex-girlfriend and the defendant walked outside, the victim followed them and shoved the defendant. The two began to fight. After bar employees broke up the fight, the defendant walked to his car to retrieve a semiautomatic pistol with an extended magazine. The defendant fired at least six shots, shooting first in the air before aiming at the victim. The victim was struck twice. He suffered a fractured femur and nearly died from blood loss. Two bar employees were also nearly struck, and at least one bullet struck the outside of the bar itself.
Before the shooting and before fleeing in a car rented by his girlfriend, the defendant and his girlfriend were observed looking for a cell phone near where the fight took place. Police recovered a cell phone but it had been wiped of all data. Using cell phone forensics and service provider records, the phone was linked to the defendant. Surveillance from inside the bar matched the defendant’s appearance. Jail calls between the defendant and his girlfriend contained several admissions of guilt.
The jury also found the defendant guilty of multiple counts of assault with a semiautomatic firearm, shooting at an occupied building, and being a felon in possession of a firearm.
Sentencing will be set on October 27 following a court trial on aggravating circumstances.
DDA Nathan Feldman prosecuted the case with help from Inspector Aida DuPree and Victim-Witness Advocate Celina Amezcua.
Dec 27, 2022 | Verdicts
On October 10, 2022, the jury found Defendant Marquis Banks guilty of felony shooting from a vehicle, assault with a semiautomatic firearm causing great bodily injury and felon in possession of a firearm, and all other enhancements.
In the early morning hours of April 22, 2022, Marquis Banks shot at the head of a 19-year-old young woman. He was trying to convince her to prostitute for him as she was driving him home on the I-580 freeway. When she declined, he blasted through her front windshield in anger, grazing her forehead. After he shot at her, his first gun jammed, and the frantic young woman pulled off the freeway. She grabbed her car keys and began to run away, as did her two juvenile friends who had been in the car with her. The defendant shot her once through her buttock before she could escape. The defendant then grabbed another girl who had been inside the vehicle, and dragged that girl away at gunpoint with a second semiautomatic handgun.
The young woman who was shot though the buttock called Oakland Police who came to the scene and found a loaded Glock 40 caliber magazine in the back seat of the car where the defendant had been seated. While on scene, police found two more guns thrown down a storm drain near the car. The defendant was arrested that same night after crashing his car into a tree. Police came to scene found a Glock 40 caliber gun missing its magazine within arm’s reach of the defendant. The young woman was hospitalized for her injuries for three days.
The young woman and her friend who had been kidnapped testified at trail. The defendant took the stand and claimed that the actual shooter had been the young woman’s male friend who the defendant said had attempted to rob him in the car before the defendant wrested the gun from him.
DDA Maggie Calonge prosecuted the case, with Inspector Rich Niven and Victim-Witness Advocate Kendra Tran.
Dec 27, 2022 | Verdicts
On September 27, 2022, a jury found Allan Gameros guilty of misdemeanor driving under the influence of alcohol and misdemeanor driving while having a 0.08% or higher blood alcohol.
On February 8, 2020, around midnight, a witness heard a couple arguing while driving down Paseo Padre Parkway in Fremont. He was concerned for the woman and turned around to check on her. He parked his vehicle next to the vehicle the couple was standing by. The witness offered to give the woman a ride and she eagerly accepted. As she began to put her items in the witness’ car, the man, the Defendant Gameros, drove away in their vehicle. A few minutes later, the defendant came back to get his girlfriend. As she was getting in the car, police pulled up. Officer Haugh detained the defendant and observed objective signs of intoxication. Officer Hancock arrived and took over the investigation. The defendant told officers he and his girlfriend were at a club and he had drunk sake prior to their arrival. He performed poorly on field sobriety tests. He consented to do a breath test and blew a blood alcohol level of .15.
The defendant was sentenced to two days of jail confinement and three years of court probation.
DDA Stephanie Richardson prosecuted the case.
Dec 27, 2022 | Verdicts
On September 1, 2022, a jury found the defendant, Elmer Ugarte, guilty of second-degree murder for the death of his wife, Maria “Lupe” Hernandez. A jury also found the defendant guilty of child endangerment.
The defendant and Maria Hernandez were married for 14 years and had two children (11 and 13 years old). During the course of their marriage, the defendant physically abused the victim multiple times. On at least two occasions, the defendant abused the victim in front of their children. Additionally, the defendant consistently abused alcohol. In 2020, the defendant and the victim’s marriage had deteriorated and both had contemplated and discussed divorce. The defendant was also planning to leave his family and move to Arizona with his girlfriend and his mother.
On February 4, 2020, the defendant began sending the victim threatening text messages and a phone call. Fearing for her daughter’s safety, she told her daughter to pack her belongings and she would come get her so they could leave.
As the victim pulled up to their Hayward home, at the exact same time the defendant sent a text message to his mother saying: “Bye mom, I am going to jail now for killing Lupe, ok, whatever, I’m an asshole.”
Once the victim was inside the house, the defendant called her into the master bedroom. Scared and reluctant, she went in. As the master bedroom door closed, within seconds the victim began screaming. When the master bedroom door opened, the 11-year-old Jane Doe saw her dad holding her mom by her shirt while he stabbed her multiple times in the chest with a big knife. She even grabbed a pair of black boots and thew it at the defendant’s head to get him to stop. But the defendant continued his violent attack on the victim.
The victim screamed to call 911. While the 11-year-old Jane Doe did and was on the phone with dispatch, the defendant completed his attack. He stood up, went to the sink and washed his hands and the knife, leaving it in the sink. He then fled.
Jane Doe stayed inside the house alone with her mom until the police arrived. The victim was pronounced deceased at the time of police arrival.
The defendant was arrested about two hours later in Mountain View. Seven hours after the homicide, his blood alcohol level was at 0.15%.
The defendant is expected to be sentenced on November 4, 2022 and faces 17 years to life in state prison.
DDA Allyson Donovan prosecuted the case, with the assistance of Inspectors Nicole Elder and Shan Johnson, Victim Witness Advocate Kelli Sage, and college intern Audrey Edel.
