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Justice News

Department of Justice
U.S. Attorney’s Office
Northern District of California

FOR IMMEDIATE RELEASE
Wednesday, February 28, 2018

Three Gang Members Sentenced For Shooting An Oakland Police Officer And A Rival Gang Member

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 Police Department.
 

Updated March 1, 2018