Crime & Safety

Alleged Gang Murder With Berkeley Ties Set For Trial

According to evidence presented in court, 5 men surrounded a vehicle and shot the man inside.

OAKLAND, CA — A reputed gang associate pleaded no contest Thursday to involuntary manslaughter for his role in the fatal shooting of a 24-year-old man in broad daylight in East Oakland two years ago.

Kermit Tanner's plea agreement calls for him to get a state prison term of 5 years and 4 months when Alameda County Superior Court Judge Kevin Murphy sentences him on March 22 for his role in the shooting of Anthony Stevens in the 1400 block of 92nd Avenue at about 10:30 a.m. on July 9, 2016.

Tanner, 22, of Richmond, was one of five men charged with murder for the fatal shooting of Stevens.

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Oakland police Lt. Roland Holmgren said at a news conference at police headquarters on July 28, 2016, that was attended by Mayor Libby Schaaf, that the five men are allegedly members or associates of the Five Kingdom Mafia, which he said is a hybrid gang that conducts operations in
Berkeley and Oakland and commits a lot of street robberies.

Tanner's plea came in the midst of hearings that Murphy is holding on pretrial motions in the case.

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Opening statements in the trial of the other four defendants, Anthony Roy Wilson, 27, of Vallejo, Aoderi Qwai Samad, 25, of Berkeley, Derrick Lee McFadden, 22, of Berkeley, and Tyrone Anthony Terrell Jr., 25, who's originally from Berkeley and has ties to Sacramento, are scheduled for
Jan. 7. All four men are accused of shooting Stevens.

Tanner's lawyer Darryl Billups said after Thursday's hearing that Tanner didn't fire any shots at Stevens.

Billups said Tanner will be released from custody early next year because he's already been in custody for more than two years and has accumulated extensive jail time credits.

Defense lawyers for all five defendants claimed at a preliminary hearing late last year that the five acted in self-defense only after Stevens pointed a gun at one of the men.

Judge Jeffrey Horner, who presided over the hearing, said it's true that Stevens, who had addresses in both San Leandro and Oakland, was armed with a gun but said there's no evidence that he fired it.

Horner said all of the defendants except Tanner "unleashed a hail of gunfire at the victim (Stevens)," who he said they had surrounded as he sat in a car.

The judge said, "That isn't suggestive of self defense. It suggests a deliberate killing."

The evidence at the preliminary hearing indicated that the fatal shooting of Stevens the morning of July 9, 2016, occurred next to a street memorial for Wilson's half-brother, Roderick Tucker, 21, who died after he was shot multiple times in that area at about 7 p.m. the previous night.

But the motive for the fatal shooting of Stevens wasn't disclosed at the hearing and Terrell's attorney, Ernie Castillo, said there's no evidence that it was a "revenge murder."

Prosecutor Chris Cavagnaro said he believes the shooting of Stevens was planned because the five defendants and a sixth man who wasn't charged came to the scene armed with guns and "essentially surrounded" Stevens as he sat in a parked car.

Horner said there's no evidence that Tanner fired his gun but said Tanner should still stand trial on a murder charge for being an aider and abettor.

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— Bay City News; Image via Shutterstock