Gang Member Sentenced To 33 Years In Prison For Shooting Oakland Police Officer

OAKLAND – Damion McDaniel was sentenced today to 33 years in prison for shooting an Oakland police officer on January 21, 2013, just 28 hours after he and three other gang members from the Seminary neighborhood in East Oakland shot a rival gang member in a street-corner ambush.  The sentenced was announced by United States Attorney Brian J. Stretch and FBI Special Agent in Charge John F. Bennett.  The sentence was handed down by the Honorable Phyllis J. Hamilton, U.S. District Judge.

McDaniel, 27 of Oakland, pleaded guilty on April 27, 2017 to Racketeering Conspiracy (18 U.S.C. § 1962(d)); Attempted Murder in Aid of Racketeering (18 U.S.C. §  1959(a)(5)); Assault with a Dangerous Weapon in Aid of Racketeering Resulting in Serious Bodily Injury (18 U.S.C. §  1959(a)(3)); and Discharging a Firearm in Furtherance of a Crime of Violence (18 U.S.C. §  924(c)).  

“Mr. McDaniel posed a significant threat to the public,” said U.S. Attorney Stretch.  “Today’s sentence assures the public that this violent criminal will be off the streets for the next three decades.  This office will continue to pursue violent and dangerous criminals to the fullest extent of the law.  I want to thank all of our federal and state law enforcement partners whose cooperation and efforts helped bring Mr. McDaniel to justice.” 

McDaniel admitted that he and three other gang members from East Oakland’s Seminary neighborhood, known as “Sem City,” conspired to murder a rival gang member found in their neighborhood.  The four men converged on the victim who was standing at a bus stop.  After a volley of gunfire, one of the gang members ran up to the victim lying on the ground and shot him in the head from close range.  The man did not die.  The next day, after receiving a tip that the get-away car was located in an apartment complex in East Oakland, an Oakland Police Officer went to investigate and was attacked by McDaniel and two other gang members.  The officer resisted their attack, but was restrained and struck in the head as the assailants threatened to kill him.  McDaniel shot the officer in the arm when the officer refused to give up his service pistol.  The officer sustained injuries to the head and forearm.

A federal grand jury indicted McDaniel on December 19, 2013.  He was charged with organized crime violations, including racketeering, attempted murder, assault with a deadly weapon, and use of a firearm to further a crime of violence.

Two other gang members from the “Sem City” neighborhood who were also indicted in the federal case, Deante Kincaid (aka “Tay Tay”) and Joseph Pennymon (aka “Junkie”), pleaded guilty to their roles in the offenses last month.  

In addition to the prison term, Judge Hamilton also sentenced the defendant to a 5-year period of supervised release to follow the prison term.  The defendant has been in custody since 2013 and will begin serving the sentence immediately.

Assistant U.S. Attorneys Joseph Alioto and Scott Joiner are prosecuting the case, with the assistance of Kevin Costello.  The prosecution is the result of an investigation led by the Federal Bureau of Investigation, and, at its earlier stages, the Oakland Police Department.