Did You Know ...

7/1/11 - 9/10/11       

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From the Office of the Alameda County District Attorney

Nancy E. O'Malley, District Attorney

The Alameda County DA's Speakers Bureau:
Engaging with community groups to educate and inform

In an effort to better serve the citizens of Alameda County, the District Attorney's Office has created a Speakers Bureau, a community outreach and education program that will match qualified members of the District Attorney's staff with community groups and organizations wishing to learn more about various aspects of the criminal justice system.

DA Nancy O'Malley

DA Nancy O'Malley

 

"Entities such as neighborhood organizations, educational institutions, faith-based groups, and clubs or organizations with a special area of interest should feel free to call upon the DA's Office to request a speaker at a meeting or gathering," said District Attorney Nancy O'Malley.  

 

 

If you would like to learn more, please contact DDA Teresa Drenick at (510) 272 - 6280 or teresa.drenick@acgov.org.

Sentences handed down in People v. Yusuf Bey IV and Antoine Mackey

On August 26, 2011, Yusuf Bey IV was sentenced to three life terms in prison without the possibility of parole, and Antoine Mackey, was sentenced to two life sentences without the possibility of parole. The defendants were convicted on June 9, 2011 of multiple counts of murder in the slayings of prominent Oakland journalist Chauncey Bailey, Michel Wills and Odell Roberson. 

 

Details of the prosecution and convictions...

Alameda & San Diego DA's Offices Settle Civil Lawsuit with Campbell Soup Company   

August 25, 2011: Alameda County District Attorney Nancy O'Malley 

announced that her office and the San Diego County DA's Office settled a civil lawsuit brought against the Campbell Soup Company for engaging in

Campbells Tomato Soup
By Flickr user
Johnny Worthington 

advertising practices that the District Attorneys believed to be misleading.

  

"Our office remains committed to addressing potentially misleading advertising practices, wherever they may arise," said Alameda County District Attorney O'Malley.

 

Learn about the details of the case ....

DA's Office Welcomes a Delegation of Prosecutors From China 

DA O'Malley welcoming the Delegation of Chinese Prosecutors

DA Nancy O'Malley (center) welcomes the delegation.

 

In July, a delegation of prosecutors from China visited the Alameda County DA's Office to learn about the workings of the Office and to gain insight into the US justice system. The guests were welcomed by DA Nancy O'Malley, members of her staff and Presiding Judge Jon R. Rolefson.   

 

Delegation of Prosecutors from China

Our presentations were well received and allowed for Q&A time.

 

"We are proud to be a leading prosecutorial office, one that has a stellar reputation both within the US and also overseas. Opportunities such as this allow us to learn, gain greater cultural awareness and also view the way we do things from a different perspective," said DA O'Malley.

Gang Prosecutions: 
Gang Members Convicted, Facing Life Sentences
People v Ronnie Padilla and Ismael Contreras

 

On July 21, 2011, a jury convicted two notorious gang leaders, Ronnie Padilla and Ismael Contreras, of attempted murder, assault with a deadly weapon and multiple gang enhancements. On October 3, 2006, defendants Padilla and Contreras, while incarcerated at Santa Rita Jail in a pod designated for gang members, attacked another inmate, Francisco Zamora, with razor blades, cutting his throat and slicing his back and forehead. Zamora nearly bled to death before sheriff's deputies and paramedics intervened to save him. Zamora, also a reputed gang leader, was attempting to "drop out" of the gang at the time of the assault. Padilla, Contreras and other inmates, orchestrated the attack to protect the reputation and status of the gang and send a message to others in the gang that a drop out will not be accepted in the pod or within the gang.

 

The jury also convicted Padilla on nine additional counts not involving Contreras. These convictions included multiple counts of assault with a firearm, shooting into an occupied vehicle, personal use of a firearm, terrorist threats, kidnapping for ransom and five separate gang enhancements involving crimes he committed in 2005. Both defendants face life sentences when they are sentenced at the end of September. The prosecutor was DDA Steve Dal Porto.

People v Desmen Lankford

 

On September 12, 2011, a jury convicted Desmen Lankford of two counts of first degree murder and found that he personally discharged a firearm causing the deaths of Kelvin Davis and Kevin Parker. The jury's verdicts also found true the multiple murders special circumstances allegation, rendering Lankford ineligible for parole. On September 18, 2008, Kelvin Davis and Kevin Parker were shot and killed in the 1400 block of Derby Street in Berkeley while Parker was in the process of selling Davis a car. Defendant Lankford was a known North Oakland gang member and active participant in a so-called "shooting feud" with South Berkeley drug dealers going back to at least 2003, and Kelvin Davis (and his twin brother Melvin) were known to be part of the ongoing feud.

 

Key evidence presented at trial included incriminating statements made by Lankford in jail calls recorded by the Sheriff's Department and the contents of two letters handwritten by Lankford that were intercepted with the assistance of Sheriff's Department at the facility where Lankford was incarcerated while awaiting trial. In these letters, Lankford sought to have the informant witness murdered to prevent his testimony, and urged his cousin to lie under oath.

 

The District Attorney's Office would like to acknowledge Hastings College of Law student intern Annie Daher for her assistance in preparing this case for trial. Desmen Lankford will be sentenced on November 10. The case was prosecuted by Senior Deputy District Attorney James Meehan.

From the Courtroom 

 

Felony Verdicts - September 2011

    • On September 6, 2011, a jury convicted defendants Damarcus Thompson and Cheleia Swayne of gross vehicular manslaughter while intoxicated, driving under the influence causing injury, and infliction of great bodily injury on three victims. Damarcus Thompson was also convicted of leaving the scene of an accident causing death and serious permanent injury. On August 15, 2009, Defendants Cheleia Swayne and Damarcus Thompson had both consumed a large amount of hard alcohol. Damarcus Thompson got into the driver's seat of Swayne's boyfriend's car. Cheleia Swayne sat on Thompson's lap in the driver's seat. Victim La'Camii Ross was the right front passenger, and surviving victims Jalisha Harris and Everett Jackson sat in the backseat. There was an empty, available seat in the backseat of the car. The defendants drove over four miles at freeway speeds on city streets and eventually failed to negotiate a turn, slamming into a pole at the Coast Gas Station in San Leandro. The vehicle burst into flames. Damarcus Thompson walked away from the scene, leaving everyone inside the burning vehicle. La'Camii Ross was killed due to blunt trauma and extensive thermal burns. Jalisha Harris suffered a broken neck and broken wrist. Everett Jackson, who is Damarcus Thompson's cousin, suffered a broken leg and severe head trauma and has lasting neurological impairment. When officers arrived, Cheleia Swayne admitted to being the driver and showed signs of alcohol intoxication. Her blood alcohol level was 0.12%. The prosecutor was DDA Stacie Pettigrew.
    • On September 1, 2011, a jury convicted defendant Lloyd Townsend of first degree murder with personal use of a firearm for the killing of Willie Tatmon; on September 6, 2011, the same jury convicted co-defendant Maurice Frazier of second degree murder for the killing of Tatmon. Townsend and Frazier shot and killed Victim Willie Tatmon, 22 years old, on September 17th, 2007 at the Poplar Recreation Center in West Oakland. Defendant Townsend and Mr. Tatmon got into a verbal argument during a pick-up basketball game. The defendant left the recreation center, and returned with Frazier. Both defendants came armed with guns. Townsend first shot Tatmon inside the center, then chased him outside and where both defendants continued to shoot, striking him a total of four times. Both defendants will be sentenced on November 4, 2011. The prosecutor was DDA Joseph Goethals.
     
  • Felony Verdicts - August 2011    
    • On August 22, 2011, a jury convicted defendant Anthony Ramirez of first degree murder for the killing of Chad Clarke on April 20, 2008 during an attempted robbery. Around 11 p.m. on April 19, 2008, the defendant, along with three co-participants, traveled by car from Rodeo to Emeryville in order to rob Clarke, a marijuana dealer, of cash and drugs. The defendant and his co-participants arrived in Emeryville and waited nearly two hours before attempting to rob the victim. During this time, the defendant and another participant were observed walking up and down the sidewalk in front of Clarke's apartment building. Shortly after 1 a.m. on April 20, 2008, the defendant knocked on the victim's front door as a co-participant acted as a lookout nearby. The defendant used a rouse to get Clarke to open his front door. Clarke was holding a gun when he answered the door. The defendant, wielding a .40 caliber semi-automatic handgun he obtained from another co-participant, fired a single bullet into the victim's torso. The bullet ripped through the victim's body, killing him. Ramirez faces a sentence of 25 years to life in state prison when he is sentenced on October 14, 2011. The prosecutor was DDA Tim Wellman.
    • On August 18, 2011, a jury found Jason King guilty of first degree murder with personal use of a firearm and attempted murder with personal use of a firearm. On June 10, 2007, at approximately 12:30 am, victim Jason McGill was selling narcotics on the corner of 71st and Hamilton in Oakland. As Mr. McGill stood at the intersection, attempted murder victim Sherman Hart arrived on his bike. Mr. McGill and Mr. Hart spoke for several minutes before defendant Jason King and a second man arrived at the location. Without saying a word, defendant King walked up to Mr. McGill and shot him once in the head with a semi-automatic handgun. The defendant next turned his gun towards Mr. Hart and unleashed no less than seven shots as the victim attempted to ride away on his bike. Mr. Hart was able to escape, but only after being shot twice before reaching safety. While in custody, defendant King attempted to pay another inmate $7000 to kill a potential witness prior to the preliminary hearing. Fortunately, before the plot could be carried out, lead OPD Homicide Sgt. Rick Andreotti learned of the plan. Sgt. Andreotti notified the Alameda County District Attorney's Office which immediately took significant steps to increase the safety of this witness. Defendant Jason King will be sentenced on October 7, 2011. The prosecutor was DDA Charles Wilson.
    • On August 16, 2011, a jury convicted Dreshawn Lee of the first-degree murder of Gary Jackson with the personal use of a firearm, assault with and use of an assault rifle against Angelica Mourning and personally causing great bodily injury to Angelica Mourning. On September 28, 2009, victim Gary Jackson was working as a security guard at a taco truck on 48th Ave. & International in Oakland. The defendant approached the taco truck carrying a shotgun. The police arrived, the defendant was arrested, and victim Gary Jackson identified the defendant as having the shotgun. The defendant was arrested and taken to jail, but was released on October 16, 2009. On December 28, 2009, through a mutual friend, Lee lured victim Gary Jackson, to his house. Mr. Jackson drove to the home along with victim Angelica Mourning. When Jackson parked his car, he approached the mutual friend while Mourning remained in the car. From a balcony, Lee fired multiple rounds from an AK-47 assault rifle at Jackson, hitting him twice. Lee then went to the street and fired another round of shots into Jackson's car, hitting Angelica Mourning three times in the arm and wrist. Four hours after the murder, an Oakland Housing Authority employee recovered the assault rifle, which was later tested and had Defendant Lee's DNA on the trigger. Lee will be sentenced on October 28, 2011. The Prosecutor was DDA Eric Swalwell.
    • On August 3, 2011, a jury convicted Dwayne Robinson of second degree murder with a firearm and three counts of assault with a firearm. On March 28, 2009, the defendant brought an illegal handgun to a restaurant on Telegraph Avenue in Oakland. The defendant and his friends got into a verbal argument at the restaurant with the victims' group. Both groups went outside. The defendant told the victims' group to go back inside. When the victims refused, the defendant pulled out his gun and fired seven shots, hitting three of the people in the victims' group. The defendant killed Vincent Choi, a Berkeley student, with two shots to the torso and hit Michael Voong and John Lu in the legs with two other shots. The defendant shot at, but did not hit, Quy Ngo. The defendant fled to his friend's car, and the car drove by the front of the restaurant. The defendant then shot five more times at the restaurant, though he did not hit anyone. The defendant will be sentenced on September 30, 2011. The prosecutor was DDA Tim Wagstaffe.
    • On August 2, 2011, Dameaka Ellis was convicted of two counts of committing a lewd act on a child under 14, one count of oral copulation on a child under 14, one count of sexual penetration by a foreign object on a child under 14, one count of pandering a minor, one count of procuring a child for a lewd act and one count of 1st degree burglary. On March 10, 2010, the 29 year-old defendant engaged in the four charged sexual acts with 13-year-old Jane Doe. The following day the defendant took Jane Doe to a motel where he arranged for an older man to engage in a lewd act with Jane Doe. The defendant told Jane Doe he wanted her to "make some money for him" by engaging in prostitution. When Jane Doe refused the defendant choked her. Jane Doe suffers from an undiagnosed anxiety condition that results in mutism under stressful circumstances which greatly complicated her ability to report the events and testify in court. The prosecutor was DDA Erin Kingsbury.

    Misdemeanor Verdicts - August 2011

    • On August 31, 2011, a jury convicted defendant Martin Pena of a hit and run, reckless driving, and obstructing, resisting or delaying a peace officer in the performance of his duties. On July 26, 2009, the defendant drove an unreported stolen car over 40 mph through a residential neighborhood in Hayward. He almost collided with one Hayward resident and then plowed his car head on with an Alameda County Sheriff's deputy who was investigating the potential theft of the car the defendant was driving. The defendant fled the scene of the accident when ordered to stay by the deputy he had just struck. The defendant then ran through nearby homes and yards asking for clothing, and attempting to take bicycles, in order to avoid arrest. The defendant was later identified and stopped by an Alameda County Sheriff's Office auto abatement officer who called in his location upon recognizing the defendant. The defendant was arrested after being positively identified by the parties involved. The Prosecutor was DDA Gemma Daggs.
    • On August 30, a jury found Kenneth Ray Rumberger guilty of prowling and being in possession of burglary tools. On June 25, 2010 at 12:04a.m., a security guard finishing work at Target in Albany spotted the defendant Rumberger and two accomplices loitering in the parking lot. The store was closed and there was no reason to be there. One of defendant's accomplices was wearing a mask and gloves. The guard asked for support from Albany PD. Several minutes later, Albany Police detained defendant and his two accomplices. A crowbar fell from Defendant's person and he threw several items into some nearby bushes before submitting to the police. A search of the bushes revealed an axe, boltcutters, and a collapsible pipe used to smash windows. The prosecutor was DDA Warren Ko.
    • On August 23, 2010, a jury found defendant Felisha Yuen guilty of driving under the influence and driving with a blood alcohol level greater than .08. On April 19, 2009, at 2:35 am, a CHP Officer saw the defendant driving 75 miles per hour on the I-880 freeway in a 55 mile per hour zone. The defendant was pulled over for speeding, but displayed the objective signs and symptoms of alcohol intoxication. She admitted to taking 2 shots at a club in San Francisco and Officer Montour began a DUI investigation. The defendant performed poorly on all of the field sobriety tests, and blew a .168 and a .166 on the Preliminary Alcohol Screening device in the field, and was subsequently arrested. The defendant chose a breath test at Glen Dyer jail and it was determined that she had a blood alcohol level of .15. The case was prosecuted by DDA Allyson Donovan.
    • On August 10, 2011, a jury convicted Joshua Marshall one count of indecent exposure and one count of annoying or molesting a minor under 18, both misdemeanors. The crimes took place on September 3, 2010 at Kaiser Hospital, Oakland. The 13 year-old victim was alone in the Emergency Room waiting area when the defendant walked into the room. The defendant sat near him and stared at him, causing the victim to feel afraid. The defendant moved closer to the victim, began rubbing his own crotch area over his clothing, and then pulled down his sweat pants exposing his penis. The victim immediately ran back toward the exam room where his mother was. The defendant chased after him, but was unable to reach the victim before the victim reached his mother. The prosecutor was DDA Allison Donovan.
    • On August 2, 2011, a jury found Ivonne Frisbie guilty of embezzlement and grand theft by an employee. While working as a bookkeeper for a local dentist, she received cash payments from patients, provided invoices, then backed out the transactions and kept the money. She was caught when a new bookkeeper detected irregularities in the books. Total loss was about $1,400. The prosecutor was DDA Kalila Spain.  

    Felony Verdicts - July 2011     

    • On July 18, 2011, a jury convicted Jesse Blue of voluntary manslaughter with an enhancement for the use of a gun for the killing of Ayesha Thomason, 18. Blue, 21, was the boyfriend of the victim. The two had been dating for less than a year, and the defendant had physically assaulted her two times within three months of her death. On June 16, 2009, the defendant came over to Ms. Thomason's house after the two had broken up. Neighbors heard and saw the two arguing in front of her house before they both entered the home, where the defenadant shot her in the middle of her forehead. Sentencing will be August 26, 2011. The prosecutor was DDA Danielle London.
    • On July 12, 2011 Robert Eison was convicted of three counts of committing a lewd act against a child, one count of sexual penetration by a foreign object, two counts of forcible rape and a great bodily injury enhancement. From November 2008 to March of 2009 the defendant continuously molested and raped a 14 year old girl. The defendant threatened the victim that if she did not have sex with him he would post nude photos of her on the internet. Through mental manipulation and as a result of the previous continued sexual abuse, the victim acquiesced to his threatening demands. The defendant raped her for the first time in May of 2009 and continued to do so through July of 2009. The jury convicted the defendant of the above charges on July 12, 2011 and will be sentenced September 30, 2011. The prosecutor was DDA Venus D. Johnson.

    Misdemeanor Verdicts - July 2011

    • On July 29, 2011, a jury convicted defendant Mark Baik of violating Penal Code 594(a), vandalism under $400 damage. On May 4, 2011 at 9:30 pm, the defendant went to the home of his ex-girlfriend's mother and started banging on the door. He demanded to see his ex-girlfriend. When she refused, he took a garbage can and threw it through the front window. The garbage can shattered the window and landed in the living room. The prosecutor was DDA Christopher Chin.
    • On July 21, 2011 a jury found defendant Gary Mitchell guilty of driving under the influence of alcohol and refusing to submit to a chemical test. Just before midnight on September 13th, 2011, CHP officers observed the defendant's vehicle weave onto the wrong side of the road on Lewelling Blvd. under the 880 freeway in the city of San Lorenzo. CHP Officers pulled the defendant over, conducted a DUI investigation, and determined that he was under the influence of alcohol. The defendant was taken to the hospital and refused to provide a chemical test as is required by California law. Sentencing is set for July 25, 2011. The prosecutor was Certified Summer Law Clerk Nick Homer, supervised by DDA Chris Lamiero.

    We are proud and honored to serve the people of Alameda County.    

     

    Sincerely,

    Nancy E. O'Malley

    Alameda County District Attorney

    IN THIS ISSUE
    Launch of DA's Speakers Bureau
    Sentencing: Yusuf Bey IV and Antoine Mackey
    Settlement reached in suit against Campbell Soup Co.
    DA Welcomes Delegation
    Gang Prosecutions
    From the Courtroom

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