Crime & Safety

Man Convicted Of Murder In Shooting Over Necklace

The victim stopped for fast food after work and was killed during a robbery attempt.

OAKLAND, CA — A man has been convicted of first-degree murder for fatally shooting another man while the victim was eating his dinner and drinking beer as he was sitting in a car in East Oakland two years ago.

An Alameda County Superior Court jury last Thursday found 21-year-old Danny Hogg guilty in connection with the shooting of Arturo Barrera Rodriguez, 43, in the 3700 block of Penniman Avenue at about 10:10
p.m. on June 9, 2016.

Prosecutor Alex Hernandez alleged in his opening statement in the trial two weeks ago that Hogg killed Rodriguez because he wanted to steal Rodriguez's necklance. Hernandez said Rodriguez was murdered "for money in an unprovoked, unjustified shooting."

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Hernandez said Rodriguez had just finished working at a job in Berkeley and on his way back to his home in Oakland he picked up some food at a Taco Bell restaurant and was eating his food and drinking beer with two
other men in a car they parked in the 3700 block of Penniman Avenue.

The prosecutor said Hogg lived nearby and was armed with a loaded concealed firearm and was wearing a mask, a hoodie and latex gloves as he walked with a friend to a corner store to buy a product for rolling and
smoking marijuana.

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Hernandez said after Hogg and his friend left the store they walked past the car where Rodriguez was eating and drinking with his companions. He said Hogg told his friend to wait for him and then walked over to the car, put a gun to Rodriguez's face and tried to steal his necklace.

Hernandez said that when Hogg was unable to steal the necklace quickly he shot Rodriguez at point-blank range without any interaction or provocation.

Rodriguez was pronounced dead at the scene. Hernandez said Hogg's friend, Bruce Benson, later said to police that Hogg told him after the shooting, "I was just trying to make some money."

Hernandez admitted that Rodriguez had a knife when he was killed but said Rodriguez used it for his job and didn't use it against Hogg.

Hogg's lawyer Francesca Serrano didn't deny that Hogg shot Rodriguez but said the shooting occurred only after there was "a struggle" at the window of the car in which Rodriguez and the other two men were sitting.

Serrano told jurors in her opening statement there isn't any evidence that Hogg was reaching or grabbing for Rodriguez's necklace and said alcohol was thrown in Hogg's face during a struggle at the window.

Serrano also alleged that Benson is an unreliable witness because he was in custody in connection with Rodriguez's death when he gave his statement that incriminated Hogg and has given multiple conflicting accounts about what happened.

Serrano said, "This loss of life was not a murder and Mr. Hogg cannot be found guilty beyond a reasonable doubt in this case."Hogg is scheduled to be sentenced by Judge Gloria Rhynes on Sept. 21.

— Bay City News; Image via Shutterstock

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