A San Francisco jury acquitted a 26-year-old Oakland man of murder charges Thursday in a 2007 slaying outside a Metreon nightclub after the defense argued that the case was marred by flawed testimony and urine-tainted evidence.
Kenoye Stroman was charged with the Sept. 16, 2007, shooting death of 27-year-old
Ronald Jacques outside Jillian's - a slaying that prosecutors said was a result of drunken mayhem over an inappropriate advance on a woman.
Stroman was arrested after the attack when a police officer spotted and followed a distinctive limousine, decked out in racing stripes, that sped away from the 1:44 a.m. shooting.
Police recovered the weapon hidden in the limo and tested the seven passengers for gunshot residue. Stroman and another passenger both showed traces of gunfire on their hands, and prosecutors offered the other passenger immunity to testify against Stroman.
Prosecutor
Harry Dorfman told jurors someone opened fire from the limo during a brawl that began after Stroman's cousin grabbed the buttocks of Jacques' sister-in-law.
San Francisco, CA — A man falsely accused of causing the death of an elderly newspaper vendor has been acquitted, while a fast food customer tackled by police after being mistaken for a drug dealer has also been cleared of charges, San Francisco Public Defender Jeff Adachi announced today.
Both verdicts were read within moments of each other late Monday in the unrelated cases.
Jurors deliberated 45 minutes before finding Mark Cassell, 39, not guilty of involuntary manslaughter, elder abuse and assault likely to cause great bodily injury. If convicted, he faced up to 11 years in state prison, said his attorney, Deputy Public Defender Azita Ghafourpour.
In an unprovoked attack on Jan. 28, 2013, a man picked up 77-year-old Dallas Ayers as he sold newspapers outside One Post Street, then either dropped him or fell to the ground with him. Ayers died a month later in the hospital from complications from a broken hip.
A witness snapped a blurry photo of the attacker, which police distributed in a crime bulletin. Cassell was arrested March 13, 2013 after an officer concluded he resembled the photo.
“Like the suspect, Mr. Cassell is a Caucasian man with a beard—but that is where the resemblance ends,” Ghafourpour said. “He was an easy target because he was homeless and had mental health issues. He was swept off the street and charged with a serious crime.”
Four witnesses saw the attack on Ayers. None picked Cassell out of a lineup as the attacker, though one identified him in court one year later.
Ayers’ attacker was described as 5 feet 8 inches tall. Cassell stands 6 feet 4 inches.
“It did not take the jury long to realize this was a case of mistaken identity,” Ghafourpour said.
“Mr. Ayer’s death was a tragedy, but his tragic death should not be compounded by the injustice of convicting an innocent man.”
Minutes apart in a different courtroom, jurors acquitted Jacobia Perkins, 28, of resisting arrest using force or violence and resisting arrest causing serious bodily injury, both felonies. Perkins was also acquitted of battery on a police officer, a misdemeanor. If convicted, Perkins faced up to five years behind bars, said his attorney, Deputy Public Defender Douglas Welch.
Perkins was arrested Nov. 26 in an incident that quickly escalated, Welch said.
Perkins was inside a Burger King at 16th and Mission streets when he was approached by San Francisco Police Sgt. Sean Perdomo, who was in plainclothes. Five minutes earlier, Perdomo claimed he had received a tip from a secret informant that someone was selling methamphetamine in the back of the restaurant. The informant provided no physical description, and was gone when Perdomo responded.
Perdomo immediately focused on the African American Perkins, who was sitting at a table looking at his phone. He strode toward Perkins, who quickly stood up. Perdomo slammed him to the table, then took him to the ground, Welch argued. Perdomo testified that Perkins grabbed his phone and made a motion toward his waistband, causing him to believe he had a weapon.
Perkins, who was unarmed and did not have any drugs, suffered facial injuries in the arrest. Officers claimed Perkins’ face was bloodied by slamming his own head against the police vehicle. One officer fractured his pinky finger as numerous officers forced Perkins into a police van, and another officer’s face was grazed by Perkins’ shoe.
At least 15 police officers were involved in Perkins’ arrest, but no video was preserved in the incident and no independent witness statements were taken.
During the trial, Perdomo acknowledged he was admonished after the Office of Citizen Complaints determined he used excessive force against a man in an unrelated 2013 incident.
After deliberating five hours, jurors acquitted Perkins based on the determination that Perdomo had not acted in lawful performance of his duties when he detained and arrested Perkins.
“Mr. Perkins was minding his own business and only wanted to be left alone,” Welch said. “The jury affirmed he had the right to walk away from an illegal arrest.”
Adachi said both cases illustrate the dangers of placing assumptions over evidence and relying solely on unreliable identification.
“Eyewitness misidentification accounts for the overwhelming majority of wrongful convictions. Both Mr. Cassell and Mr. Perkins have been behind bars since their arrests, which were based not on evidence but on bias and a rush to judgment. Thanks to the help of skilled public defenders and thoughtful juries, they are finally free,” Adachi said.
San Francisco, CA — A homeless man who stabbed a bully who had beaten him bloody over a shelter bed was acquitted after a jury determined he acted in self-defense, San Francisco Public Defender Jeff Adachi announced today.
Jurors deliberated less than two hours Tuesday before finding Gregory Ishengoma, 57, not guilty of assault with a deadly weapon causing great bodily injury and battery with serious bodily injury. Ishengoma faced up to seven years in prison if convicted, said his attorney, Deputy Public Defender Kevin Mitchell.
Ishengoma, who worked for 25 years as a merchant seaman before falling into homelessness, was arrested Jan. 8. Earlier that day, Ishengoma made a reservation to spend the night at a homeless shelter inside a Bayview church. Ishengoma arrived early to the shelter, and was the fourth person to check in.
As he settled onto a mat, a fellow homeless man approached him angrily. Though the man had not reserved a space, he claimed Ishengoma was sleeping in his preferred spot. When Ishengoma told the man to find another mat, the man attacked him, pummeling him in the face with his fists until he was bleeding from the nose and mouth. Security escorted both men from the shelter.
The pair began arguing in the street. When Ishengoma walked away, the man followed him. Ishengoma, frightened he would be beaten again, stabbed his attacker once in the abdomen.
Ishengoma cooperated with police, who released him the following day after declining to file charges. The man was transported to the hospital, where he would spend two months due to infection and other complications, resulting in a colostomy bag. When he was released, he was livid that police had not arrested Ishengoma and demanded something be done. Ishengoma was arrested May 8, after the man saw him at a shelter and called police.
During the weeklong trial, the injured man took the stand, testifying that Ishengoma “got his ass whupped” for taking the mat. The man appeared hostile on the stand, admitting he was an angry, short-tempered person who had committed violence against women and men alike.
“The complaining witness made it clear to the jurors that he was not a man who listened to reason,” Mitchell said. “As a result, Mr. Ishengoma had to resort to defending himself with a knife.”
The man also claimed he was at the church for a bible study session, though none of the regular bible study participants could confirm his presence. A witness for the prosecution provided statements that were inconsistent with her initial descriptions to police, and had trouble determining which jurors were male or female due to her poor vision. A police sergeant who took the stand admitted that he never wrote down that the complaining witness was carrying a box cutter in his backpack.
Ishengoma, who had been in jail for three months, was released Tuesday.
“Mr. Ishengoma, too poor to post $200,000 bail, had to pay with three months of his life before experiencing relief when the jury cleared his good name,” Mitchell said.
Adachi also applauded the verdict.
“Defending yourself is a right, not a crime. Mr. Ishengoma had been beaten bloody and followed down the street by his tormentor. He was understandably concerned for his life. Thanks to his public defender, the jury set him free,” Adachi said.
Three men charged in two separate killings in San Francisco in 2007 were acquitted today of murder in San Francisco Superior Court. Emon Brown, 21, Joc Wilson, 23, and Floyd Jackson, 22, were indicted by a criminal grand jury in 2008 on murder and gang charges.A jury found them not guilty of all charges this morning.Prosecutors had charged all three men with the Aug. 2, 2007, murder of 29-year-old Brandon Perkins, of San Francisco, in the 100 block of Loehr Street. Brown and Wilson were also charged with the Sept. 2, 2007, murder of 32-year-old Byron Smith, of San Francisco, in the 100 block of Velasco Avenue.Both murders occurred near the Sunnydale public housing projects.Prosecutors accused the three men of being members of the Down Below Gang in the Sunnydale neighborhood, fighting for territory in the area with the Towerside Gang, to which the victims allegedly belonged.Police said the victims were chased down in broad daylight and gunned down.According to the public defender’s office, which represented Wilson, the prosecution case “relied solely on thin circumstantial evidence.”Deputy Public Defender Steve Olmo argued that Wilson’s DNA being found on the handlebar of a bicycle ridden by one of Smith’s assailants did not prove his client actually participated in the killing.Olmo said some witnesses told conflicting stories or changed their testimony, and that one witness “was emphatic” Wilson was not present during Smith’s killing.The guns used in the killings were never recovered, the public defender’s office said.”My client was not there,” for either shooting, said attorney Tony Tamburello, who represented Brown. Tamburello claimed the one witness to Perkins’ shooting was untruthful, and that he tainted the testimony of a female witness to Smith’s shooting. “She was absolutely not only tainted, but she was unable to see what she claimed to have seen,” Tamburello said. The jury had a difficult job, but “did the right thing,” Tamburello said. “The family of the victims lost everything, but I think they understood that a wrongful conviction wasn’t going to solve their problems easily,” he said.Jackson’s attorney did not immediately return a call for comment this afternoon.”This was always a hard case,” said district attorney’s office spokesman Brian Buckelew. “Witnesses were too scared to come forward, and the defense used that as an opportunity to cobble together arguments for reasonable doubt.””But we will always prosecute difficult cases against murderers and thugs when we believe they are guilty, as we did here,” Buckelew said.
San Francisco, CA — A man charged with murder in a 2012 stabbing in the Bayview District was acquitted of all charges today after a jury determined he acted in self-defense against an attacker who had previously bullied and threatened him, San Francisco Public Defender Jeff Adachi announced.
Jurors deliberated more than three days before finding San Francisco resident Howard Frazier, 47, not guilty of murder, said his attorney, Deputy Public Defender Kleigh Hathaway. Frazier was charged in the Feb. 15, 2012 stabbing of 54-year-old Luther Robinson III at Third Street and Palou Avenue.
Six weeks before the fatal confrontation, Robinson had chased and assaulted Frazier with a club, threatening to kill him. Frazier testified that following the first attack, he learned of Robinson’s string of convictions for violence and became fearful for his life. Frazier testified that he tried to diffuse the conflict by talking to Robinson’s brother, but when the two men ran into each other again, Robinson pursued Frazier.
Frazier, who was considerably smaller than Robinson and was disabled due to back surgery, warned Robinson that he had a knife. When Robinson grabbed Frazier by the vest, Frazier stabbed him once with a pocket knife. Robinson died a short time later at the hospital.
“Mr. Frazier did even more than the law requires in a case of self-defense,” Hathaway said. “When he was assaulted six weeks earlier, he ran. Then, fearing retribution, he requested help from Mr. Robinson’s brother and, finally, he warned Mr. Robinson that he had a knife and only used it as a last resort to protect himself.”
While the conflict between the men ended in tragedy, Mr. Frazier did not commit a crime, Adachi said.
“Mr. Frazier did everything he could to avoid a fight. The evidence presented by Mr. Frazier’s public defender showed he was genuinely afraid he was going to be killed and acted to preserve his own life,” Adachi said.
Frazier, a father of four, is expected to be released Christmas Eve.
The two week trial was heard in front of Judge Harold Kahn. Assistant District Attorney Todd Barrett was the prosecutor in the case.
San Francisco, CA — A man charged with fatally choking a sexual partner during a 2011 encounter in Buena Vista Park was acquitted of murder today, San Francisco Public Defender Jeff Adachi announced.
Jurors deliberated six days before finding David Munoz Diaz, 25, not guilty of murder, said his attorney, Deputy Public Defender Alex Lilien. Diaz was instead convicted of involuntary manslaughter, a charge that carries a maximum penalty of four years. Diaz has been in custody more than three years awaiting trial.
Jurors convicted Diaz of arson of the property of another, mutilating human remains and misdemeanor destroying evidence.
Charges against Diaz stemmed from the death of Freddy Canul-Arguello, 23, whose body was found in Buena Vista Park June 10, 2011. The two men, friendly acquaintances who enjoyed a previous sexual encounter, had hours earlier run into each other in the Castro and walked to the park to have sex. During the tryst, Diaz reluctantly agreed to choke Canul-Arguello, accidentally asphyxiating him. Frightened and distraught, Diaz placed a recycling bin near the body and lit the contents to signal for help. He then pulled a nearby fire alarm box and made several calls to 911.
“David is a sweet kid who never meant to hurt anyone. I am relieved the jury was able to determine the truth—that Freddy’s death was a terrible, tragic accident.” Lilien said.
During the month-long trial, a friend of Canul-Arguello testified that he confided that he enjoyed being choked during sex. Called by the defense, the medical examiner who conducted the autopsy testified that Canul-Arguello’s injuries were not inconsistent with erotic asphyxia. A medical doctor and instructor at UCSF also took the stand, explaining the sexual practice of choking and “breath play.”
Diaz, a restaurant worker, had no previous criminal history.
Adachi applauded the jurors for carefully considering the testimony and weighing the evidence in the case.
“There was no motive for Mr. Diaz to intentionally harm his friend and no evidence to support a murder charge. Fortunately, his public defender was able to show that Mr. Canul-Arguello’s death was a tragedy but not murder as the prosecutor claimed,” Adachi said.
