Mistrial Declared In Murder Trial

OAKLAND, CA — A mistrial was declared today in the case of an ex-felon who was charged with murder for the fatal shooting of another man in East Oakland in October 2014.

Alameda County Superior Court Judge Jeffrey Horner declared the mistrial for Brian Carter, 38, who's accused of fatally shooting 29-year-old Dominique Parks, after jurors said they were deadlocked 11-1 in favor of convicting him after two and a half days of deliberations.

However, Carter was convicted of two lesser felonies for being an ex-felon in possession of a firearm and a prohibited person in possession of ammunition when U.S. marshals arrested him on a murder warrant at an
apartment in unincorporated Pittsburg on Feb. 3, 2015, nearly four months after Parks was shot.

Prosecutor Jimmie Wilson told jurors in the case that he believes there's enough evidence to prove that Carter is the person who shot Parks in the 7300 block of International Boulevard, near Parks' home, at about 8 a.m.
on Oct. 12, 2014.

Parks was taken to a hospital but after undergoing multiple surgeries and having both of his legs amputated, he died 11 days later on Oct. 23, 2014 from complications from gunshot wounds.

Wilson said video surveillance footage and other evidence corroborates statements to police by Parks' wife Fatima Parks and brother Donta Parks that Carter fatally shot Dominique in a dispute over a marijuana
deal.

But defense attorney William Linehan told jurors that they shouldn't believe Fatima Parks and Donta Parks because they're both in jail on felony charges in unrelated cases so they have a motive to lie and are biased against Carter.

Wilson said the fact that Carter, who has prior felony convictions for assault with a deadly weapon in 2005 and possession of marijuana in 1999, called and texted Fatima Parks 25 times in the hours before Dominique Parks was shot "demonstrates the anger that was dwelling in him over something so trivial," which he said was a dispute over marijuana.

Linehan agreed that the shooting was "a tragic and senseless killing" over what he described as "a stupid thing."

But Linehan said surveillance camera footage of the shooting is so blurry that it's impossible to tell who the shooter was.

Linehan suggested that Donta Parks is the person who shot his brother because Donta Parks was "a speed freak who gets violent and angry" and he was high on drugs at the time of the shooting and was running around the area where the shooting occurred.

Linehan said the Parks family "was a troubled family with lots of disputes."

He said the intersection of 73rd Avenue and International Boulevard where the shooting occurred is "a very challenging neighborhood with a lot of crime and is a spot for drug dealers."

Wilson said investigators who searched the apartment in Pittsburg where Carter was arrested found two guns, ammunition and a large amount of cash.

Wilson said that when Oakland police interviewed Carter, "he told multiple lies" and denied that he knew Dominique Parks or his wife and brother.

Carter is scheduled to return to court on Thursday to have new dates set for the murder charge he still faces and again on April 24 to be sentenced for his convictions for illegally possessing a gun and ammunition.

— Bay City News; Image by Shutterstock