Felony Verdicts

People v. David Shivers Mar 16, 2020

On March 16, 2020, a jury convicted David Shivers of second degree murder for the killing of Rodney Lee, based on the events of December 12, 2017 when the defendant shot Mr. Lee, killing him.

That afternoon, Mr. Lee went to meet a friend and double-parked at Apgar Street and West Street in Oakland. Mr. Lee was outside of his car and speaking with his friend when the defendant asked him to move his car. Mr. Lee refused and after approximately 3 minutes, the defendant approached Mr. Lee again. When Mr. Lee refused to move his car, the defendant punched Mr. Lee and then shot Mr. Lee once in the chest. The defendant fled the scene. The jury rejected the defendant’s claim of self-defense at trial. The defendant was additionally convicted of being a felon in possession of a firearm regarding the same incident.

The case was prosecuted by DDA Malisha Jones with the assistance of Inspector Carl Bonner and Victim Witness Advocates Marina Hammergren and Liliana Bueno.

The defendant will be sentenced on June 12, 2020.

People v. Roosevelt Vines Jr. Mar 6, 2020

On March 6, 2020, a jury found defendant Roosevelt Vines Jr. guilty of first degree murder with gun allegations, guilty of being a felon in possession of a firearm at the time of the murder, and guilty of dissuading /intimidating a witness.

On August 27, 2018, at 3:43 p.m. defendant Vines shot and killed victim Mario Thomas one time in the left temple. The defendant committed this act in broad daylight in the parking lot of the 7100 block of International Boulevard in Oakland. Vitim Thomas was a homeless man who regularly frequented the area. Defendant Vines set out that day to “gather information” regarding the murder of Esau Davis the night before. Defendant Vines sought out victim Mario Thomas knowing he would likely have information related to the murder the night before. Defendant had a brief discussion with victim Mario Thomas and then pulled out the loaded 9mm gun, pointed it at Mario’s head, and pulled the trigger ending Mario’s life.

Continue reading

People v. Carlton Broussard Feb 20, 2020

On February 20, 2020, a Jury found defendant Carlton Broussard guilty of two counts of first-degree murder with gun allegations, and Special Circumstances for the January 20, 2015 double murders of Donald Ward and Marcus Sims. Mr. Broussard was also convicted of second-degree robbery for the January 25, 2015 robbery of the “Smoke Shop” in Brentwood. Ca. He was also convicted for being a felon in possession of a firearm.

On January 20, 2015, at around 5:30 pm, Oakland Police Officers were dispatched to 10th Street and Campbell Street for a 911 call of shots fired where they discovered victim Marcus Sims lying face down on the pavement suffering from apparent gunshot wounds just outside the driver side door of a 1988 Dodge Caravan, while a second victim, Donald Ward, was inside the van and nonresponsive, suffering from gunshot wounds to the leg and torso where he was pronounced dead at the scene. Expanded rifle rounds were recovered near the vehicle. Emergency personnel arrived on scene to assist giving aid and transported Mr. Sims to Highland Hospital in Oakland where he then succumbed to his injuries.

On March 15, the Oakland Police Department received eye-witness testimony from a Mr. Garcia stating that he saw defendant Carlton Broussard, the night of the murder, shoot Marcus Sims in the leg while then standing over Donald Ward and executing him with a rifle.

Mr. Broussard’s ex-girlfriend, Ms. Grayson testified that on the day of the murder she saw defendant stand in the middle of 10th street holding a large firearm. She saw Broussard stop the van, order the men to the ground. As she turned to walk away, she could hear gunfire. She also admitted both she and Broussard left the state after the murder. She also confirmed to speaking to Broussard over the phone while he was in Florida and sending him money. Carlton Broussard was convicted of all charges.

The case was heard in front of the honorable Judge C. Don Clay. The defense attorney was Steven Avilla. Carlton Broussard will be sentenced on May 22, 2020.

The case was prosecuted by DDA Jimmie Wilson and DA Inspector Eric Karsseboom with the assistance of Victim-Witness Advocate Stephanie Lynch. This superior investigation was completed by members of the Oakland Police Department. Specifically, the lead investigation for this case was Lieutenant Robert Rosin.

People v. Jermaine Bradford Dec 19, 2019

On December 19, 2019, an Alameda County jury convicted defendant Jermaine Bradford of three felony counts of committing sexual acts on a child under the age of 10. Jane Doe was 6 years old when the crimes occurred sometime during the late winter and spring of 2016. The defendant committed these acts while driving Jane Doe to school in his van. The defendant is facing a sentence of up to 45 years to life in prison. The case was prosecuted by DDA Chris Infante with investigative work by Insp. Kendell Won and Insp. Jason Hawks. Victim advocacy was provided by Stephanie Lynch.

People v. Tikisha Upshaw Dec 19, 2019

On December 19, a jury convicted Tikisha Upshaw of First Degree Murder for the July 13th shooting of Adan Katami.

Adan Katami was shot six times while he sat inside his vehicle, stopped at a red light in Hayward. Alameda County sheriff’s apprehended the alleged shooter within ten minutes of the murder. On the shooter’s phone were text messages indicating that someone had hired him to commit the murder. Over the next few weeks of the investigation, Sheriff’s detectives learned that Katami had a business partner named Tikisha Upshaw. The two were attempting to open a cannabis dispensary in San Francisco, however, they had a rift in their business relationship as the planning commission date neared. Upshaw hired an associate of her family in Memphis, Tennessee to drive out to California and kill Katami. A complex investigation into several phone numbers associated with the shooter’s phone led to the discovery of pre-paid mobile phones which were linked to Upshaw. Upshaw testified in her own defense and claimed to have nothing to do with the murder. This case was prosecuted by Deputy District Attorney Matt Gaidos.

People v. David Vigil Dec 5, 2019

On December 5, 2019, a jury convicted defendant David Vigil of voluntary manslaughter (heat of passion) with use of a firearm, 2nd degree murder with personal use of a firearm, and shooting at an occupied vehicle.

On September 24, 2015, defendant David Vigil and his unidentified co-participant slowly drove down Crosby Avenue in East Oakland. The two both noticed victims Jorge Salazar and Edward Miranda sitting in Mr. Salazar’s car. The two victims had just gotten off work. After initially driving past the victims, the defendant reversed his car to line up with Mr. Salazar’s car and the men exchanged words. The defendant then drove his car forward and pulled to the side to allow another car to drive past, reversed again, got out of his car and approached the victims as they sat in their car. The defendant’s passenger also got out of the car and began to approach the victims and both the defendant and his passenger shot into the victims’ car. Mr. Salazar, who was also armed, fired back twice, striking the defendant once in the shoulder. The defendant and his co-participant fled the scene, leaving Mr. Salazar and Mr. Miranda dead from multiple gunshot wounds. The defendant initially claimed he was shot approximate three miles away while minding his own business. He claimed self-defense at trial despite stating that he had “shot some Scraps” shortly after the shooting. “Scraps” is a derogatory name for Sureño gang members. It is believed that the defendant is a Norteño gang member. It should be noted that the victims had no ties to any gang and appeared to be in the wrong place at the wrong time as they were victimized by the defendant.

The defendant was sentenced on January 31, 2020.

This case was prosecuted by Assistant District Attorney Butch Ford with the assistance of Inspector Ceasar Basa and Victim-Witness Advocate Liliana Bueno.

People v. Sean Grant Nov 7, 2019

On November 7, 2019, a jury found defendant Sean Grant guilty of being a felon in possession of a firearm and a felon in possession of ammunition.

On June 29, 2018, the defendant returned to his former workplace at New Karibbean Night Club in Oakland. There, he confronted a former colleague and started a physical altercation. After the altercation, the defendant told the victim "It's a wrap for you, you better stop working here." After making this threat, the defendant made a FaceTime call and asked an unknown man if he "Got that thang." Understanding "thang" to mean gun, the victim called 911. While police were on scene, the defendant returned to New Karibbean. In the car the defendant had been seen driving, police recovered a loaded pistol with an extended clip full of 33 rounds of live ammunition.

The defendant was sentenced on January 10, 2020.

The case was prosecuted by DDA Charly Weissenbach with the assistance of Inspector Brian Delahunty.

People V. Francisco Jesus Hernandez Oct 16, 2019

On October 16, 2019, a jury found Francisco Jesus Hernandez guilty of two counts of first degree murder, one count of attempted murder, attempted arson causing great bodily injury, a multiple murder special circumstance, and various personal use of a firearm enhancement.

On August 8, 2016, the three victims were all occupants in a single-cab pickup truck. They drove to a residential neighborhood off of 98th Avenue in East Oakland, where the driver began burning rubber and spinning donuts. The defendant and his seventeen-year-old son retrieved firearms, and the defendant shot the driver and middle passenger multiple times, killing them. The defendant approached the truck to check for survivors and found the third victim cowering on the passenger floorboard. Defendant pulled him out of the truck. When the victim begged for his life, the defendant told him, “You came with them, you will leave with them.” After the defendant and his son pistol-whipped the victim, the defendant said, “Son, you know what you have to do,” and the son then shot the victim in the face, chest, arm and hand. A third unknown suspect doused this man and the truck with gasoline. The defendant then forced this victim who was still alive back into the truck, and one of the three lit the truck on fire. The attempted murder victim was able to run from the burning truck on fire, shed his burning clothing, and hide until police and paramedics arrived. The strength of the evidence in this case is attributable to multiple courageous neighbors who came forward and identified the two defendants.

The defendant was sentenced January 10, 2020, and faces Life in Prison Without the Possibility of Parole. Before trial, Francisco Hernandez Junior pled no contest to the willful, deliberate and premeditated attempted murder of the surviving victim and admitted a personal use of a firearm enhancement. He was sentenced on November 15, 2019, to an indeterminate term of 17 years to Life in Prison.

People V. Salascaballero Oct 8, 2019

On October 8, 2019, defendant Eladio Salascaballero was convicted by a jury of PC 288.5(a), continuous sexual abuse, and two counts of misdemeanor child molestation (PC 247.6(a)(1)).

On multiple occasions from 2005 to 2013, the defendant sexually assaulted and molested Jane Doe. Doe bravely confronted her abuser and testified about the horrific sexual abuse she suffered for years as a child. Although the defendant testified and denied all allegations, the jury deliberated for fifteen minutes before returning a verdict of guilty on all counts.

People v. Daniel Chavez-Estrella Oct 3, 2019

On September 27, 2019, a jury convicted defendant, Daniel Chavez-Estrella, of carjacking. On July 23, 2018 at about 3 pm, the victim was waiting for her son in Berkeley while leaning against her car. The defendant pushed her off her car, climbed into the driver’s seat, and drove away. Two days later, Oakland Police officers found defendant in possession of the victim’s car and had the car keys in his pocket. Berkeley Police officers recovered video surveillance that captured defendant as he spotted the victim and walked towards her immediately before the carjacking.

This case was prosecuted by DDA Camille Ching with the assistance of Inspector Kendell Won and Victim-Witness Advocate Liliana Bueno.

The defendant was sentenced on October 24, 2019.