People v Jamell Curtis Tousant

On March 9, 2018, a jury convicted Defendant Jamell Curtis Tousant of four counts of assault with a firearm, two counts of shooting at an inhabited dwelling, four counts of illegal possession of firearms, and one count of shooting at an unoccupied motor vehicle.

Defendant Tousant's son, Jamell Tousant Jr, was murdered in Oakland on April 28, 2015. The defendant made efforts to discover who killed his son and eventually determined that it was a member of a South Berkeley gang. Defendant Tousant wrote a number of postings on social media about finding the person who killed his son along with photographs of himself holding various firearms.

On August 15, 2015, at around 6:40pm, four men were standing in front of 2806 Mabel Street in Berkeley, directly across the street from San Pablo Park. A white Impala registered to Defendant Tousant drove southbound on Mabel Street, stopped just south of the victims, reversed a few feet, and the two occupants of the Impala opened fire on the group. Witnesses observed the passenger of the Impala fire numerous rounds from a rifle, and the driver fire numerous rounds with a handgun. After the shooting began, the victims ran in an attempt to escape, and one of them was shot in the leg. A witness was able to memorize the license plate of the car as it fled the scene and provide it to responding officers. However, when Berkeley Police attempted to speak with the four victims, they were uncooperative.

The homes at 2806 and 2810 Mabel Street were riddled with bullets, and a parked car was also hit with gunfire. Berkeley Police Crime Scene Technicians recovered numerous shell casings in the street. During their subsequent investigation, police located text messages on Defendant Tousant's cell phone from later that evening to his girlfriend telling her that he had done something and asking her if the police had come to their house. Defendant Tousant's cell phone records also placed him in the vicinity at the time of the shooting.

On August 31, 2015, Oakland Police Officers located the Impala parked on 88th Avenue in Oakland, with Defendant Tousant was in the driver's seat. Berkeley Police Detectives responded to search the vehicle and located a loaded 9mm handgun in a purse on the floorboard on the front passenger side. Police located photographs on Defendant Tousant's cell phone, taken August 29, of another female holding the same 9mm handgun. Detectives also located a shell casing under the driver's seat that was later determined to have been fired by the same gun that fired some of the bullets recovered at the August 15 shooting scene. A search of Defendant Tousant's home revealed a box of 9mm bullets and a high-capacity drum magazine capable of holding the same type of bullets located at the shooting scene in Berkeley.

Defendant Tousant is scheduled to be sentenced in May 2018.

The case was prosecuted by DDA Nick Homer with assistance from DA Inspector Brian Delahunty and Victim-Witness Advocate Stephanie Lynch.

Posted on Mar 13, 2018