Man Pleads No Contest to Involuntary Manslaughter for Shooting in Oakland

A 20-year-old man has pleaded no contest to involuntary manslaughter and the use of a gun for the fatal shooting of another man inside a residence in East Oakland in October, prosecutors said. Damian Joseph initially was charged with murder for the shooting of 21-year-old Jamal Cheeks at a home in the 2000 block of 22nd Avenue at about 3:55 p.m. on Oct. 31.

Emergency responders tried to revive Cheeks, but he was pronounced dead at the scene. Joseph entered his plea to the lesser charge of involuntary manslaughter on Monday afternoon and will face a sentence of up to 14 years in state prison when he is sentenced by Alameda County Superior Court Judge Paul Delucchi on June 12, prosecutor Luis Marin said.

Oakland police Officer Phong Tran wrote in a probable cause statement that Joseph was identified by witnesses as the person who was armed with a semi-automatic firearm and shot and killed Cheeks. When police arrested and interviewed Joseph a short time after the shooting, he said he was unaware that the weapon was loaded when he was “playing” with it and “accidentally” shot Cheeks, Tran wrote.

Marin said today that the evidence in the case indicates there wasn’t any animosity between Joseph and Cheeks and the shooting wasn’t intentional. Joseph’s lawyer, Annie Beles, couldn’t immediately be reached for comment.

By Bay City News

Photo via Shutterstock

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