Gang members sentenced to 18, 20, and 23 years in prison
OAKLAND – Three
members of the “Sem City” street gang in East Oakland were sentenced today for
their respective roles in the shooting of an Oakland police officer on January
21, 2013, and, just 28 hours earlier, shooting a rival gang member in a
street-corner ambush in the Seminary neighborhood of Oakland, announced Acting
United States Attorney Alex G. Tse and FBI Special Agent in Charge John F.
Bennett. The Honorable Phyllis J.
Hamilton, Chief United States District Judge, sentenced Purvis Ellis (aka
“Bot”) to 20 years in prison, Deante Kincaid (aka “Tay-Tay”) to 23 years in
prison, and Joseph Pennymon (aka “Junkie”) to 18 years in prison. On September 20, 2017, Judge Hamilton
sentenced co-defendant Damien McDaniel to 33 years in prison for his role in
the same crimes. Along with the sentence
Judge Hamilton imposed upon McDaniel last fall, today’s sentences bring the
case of the attempted murder and assault against the police officer to a
close.
“Messrs. Ellis, Kincaid, McDaniel, and Pennymon and the Sem
City criminal enterprise posed a significant threat to the public,” said Acting
U.S. Attorney Tse. “Today’s just
sentences assure the public that brazen acts of violence against our
communities and the peace officers sworn to protect them will not be tolerated. This office will continue to prosecute
violent and dangerous criminals to the fullest extent of the law. I want to thank all of our federal and state
law enforcement partners whose cooperation and efforts helped bring these
violent criminals to justice.”
The defendants, all from Oakland, pleaded guilty to their
respective roles in the crimes. Ellis, 31; Kincaid, 33; Pennymon, 27; and
McDaniel, 27, all admitted they were gang members from East Oakland’s Seminary
neighborhood, known as “Sem City.”
Ellis, Pennymon, and McDaniel admitted they attempted to murder a member
of a rival gang found on their gang’s “turf.”
The three men converged on the victim who was standing at a bus stop and
fired 13 shots, striking the man in the forehead and leg. In addition, Kincaid and McDaniel admitted
assaulting an Oakland police officer the next day. The police officer received a tip that the
get-away car was located in an apartment complex in East Oakland. When the officer went to investigate the tip,
he was attacked by Kincaid and McDaniel.
The officer resisted their attack, but Kincaid restrained him, struck
the officer in the head, and threatened to kill him. McDaniel shot the officer in the arm when the
officer refused to give up his service pistol.
The officer sustained injuries to the head and forearm.
A federal grand jury indicted the defendants on December 19,
2013. On April 24, 2017, McDaniel
pleaded guilty to racketeering conspiracy, in violation of 18 U.S.C. § 1962(d);
attempted murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(5)
and 2; discharging a firearm in furtherance of a crime of violence, in
violation of 18 U.S.C. § 924(c); and
assault with a dangerous weapon resulting in serious bodily injury in aid of
racketeering, in violation of 18 U.S.C. § 1959(a)(3) and 2. Pennymon and Ellis pleaded guilty to the
first three crimes. Pennymon pleaded
guilty on August 31, 2017, and Ellis pleaded guilty on September 21, 2017. For his role in the crimes, Kincaid, pleaded
guilty on August 31, 2017, to the racketeering conspiracy, assault with a
dangerous weapon, and brandishing a firearm charges.
In addition to the prison terms, as part of today’s
sentences, Judge Hamilton also sentenced Ellis, Kincaid, and Pennymon to 5-year
periods of supervised release to follow the prison terms. The defendants have been in custody since
2013 and will begin serving their sentences immediately.
Assistant U.S. Attorneys Joseph Alioto and Scott Joiner are
prosecuting the case, with the assistance of Kevin Costello. The prosecution is the result of an
investigation led by the Federal Bureau of Investigation and the Oakland PoliceDepartment.
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