People v Corey Malik Powell

On October 12, 2016, a jury found defendant Corey Malik Powell guilty of felony discharging a firearm in a negligent manner, being a felon in possession of a gun, carrying a concealed weapon, and two counts of misdemeanor resisting arrest.

On September 1, 2015, at approximately 8 pm, two BART PD officers at West Oakland BART station saw Defendant Powell smoking a cigarette as he leaned against the pony wall on platform two. The wall overlooked the parking lot, 30-40 feet below. The officers asked Defendant Powell for ID and told him that if he was free of warrants they would let him go with a warning.

Defendant Powell said he did not have his ID on him and subsequently gave 2 fake names and date-of-births. The officers could not verity the names and Defendant Powell was uncooperative. As the officers attempted to handcuff him, Defendant Powell suddenly climbed onto the pony wall as though he was going to jump over it. Defendant Powell stated he was going to kill himself.

The officers were able to pull Defendant Powell off the wall and he fell to the platform ground onto his right side next to the wall. The officers had control of his left hand but could not see his right hand. They commanded Defendant Powell to relinquish his right hand several times. Defendant Powell said he did not want to go back to jail and that he wanted to kill himself. One officer drew his taser, and a split second before he fired the stun gun, Defendant Powell racked and fired a semi-automatic pistol that he had secreted in his front waistband. Both officers were kneeling next to him trying to control him when Defendant Powell fired the shot. He immediately began yelling, "They shot me!". Defendant Powell suffered a self-inflicted entry wound to his abdomen and an exit wound to his buttock.

Defendant Cory Malik Powell is scheduled to be sentenced on November 16, 2016.

The case was prosecuted by DDA Keydon Levy with assistance from DA Inspector Tom Cleary.

Posted on Oct 13, 2016