3 Ordered to Stand Trial For 2015 Murder

OAKLAND, CA — An Alameda County Superior Court judge today ordered three men to stand trial on a murder charge for the fatal shooting of a 29-year-old Vacaville man in West Oakland last year even though he doesn't believe any of them shot the victim.

Judge Jon Rolefson said Savion Bennett, 26, Devereaux Moore, 20, and Emerald Edward Kempaikens, 22, must face a jury for the fatal shooting of Stephan Brooks in the 1100 block of 32nd Street at about 9 p.m. on Jan. 16, 2015, because they engaged in reckless disregard for human life by firing shots in the incident.

At the end of a two-day preliminary hearing that was attended by a large number of people, Rolfeson said, "I don't believe that any of them actually shot Mr. Brooks or had the specific intent to kill Mr. Brooks or
anyone else."

But he said, "All of them engaged in conduct and demonstrated malice aforethought by participating in a shootout that resulted in someone's death."

Rolefson said the evidence at the preliminary hearing indicates that Brooks may have been killed by shots fired by a fourth suspect who is still at large, Gregory W. Davis.

"There was an argument that turned into a shooting that was followed by another shooting by a number of people," the judge said.

He said there's evidence that Bennett, Moore and Kempaikens all fired shots in the incident.

Oakland police didn't disclose a motive for the shooting. All four suspects were also charged with assault with a semi-automatic firearm for the shooting of a 23-year-old man who survived and Bennett, Moore and Davis were charged with a second assault charge for the shooting of a 34-year-old woman who also survived the incident. But Rolefson dismissed the assault charges against Bennett, Moore and Kempaikens for the shooting of the surviving male victim because he said there's no evidence that they shot the man.

Instead, Rolefson said, "The evidence points to Mr. Davis as the one who did that." Rolefson also dismissed the assault charges against Bennett and Moore for the shooting of the female victim because he said there's no
evidence they shot her or even fired in her direction. Bennett and Davis are charged with being ex-felons in possession of a firearm. Prosecutors allege that Bennett has two prior convictions, one for possession of cocaine base for sale and one for being an accessory after the fact, and that Davis has four prior convictions, two each for possession of cocaine base for sale and possession of a controlled substance.

Prosecutors also allege that Bennett, Moore, Kempaikens and Davis all fired shots that results in Brooks' death. The case remained unsolved for more than a year but Kempaikens was arrested on Feb. 25, Moore was arrested on March 2 and Bennett was arrested on March 18, according to Alameda County jail records. Bennett, Moore and Kempaikens are scheduled to return to court on
Dec. 15 to have a trial date set.

— Bay City News; Image via Shutterstock