OAKLAND (CBS SF) — A paroled felon was sentenced Thursday to 35 years and eight months in state prison in connection with the fatal shooting death of a man near the former Occupy Oakland encampment in November 2011 and for a sexual assault that occurred five days later.
Issac McDaniels, 32, of Oakland, had faced a potential life term for sexually assaulting a woman on 13th Avenue in Oakland on Nov. 15, 2011, but prosecutors dropped a kidnapping charge against him last November in exchange for him pleading no contest to four felonies.
The charges are forced oral copulation and second-degree robbery for the sexual assault, and assault and being an accessory after the fact for his role in the fatal shooting of Kayode Ola Foster, a 25-year-old Oakland man, near the former Occupy encampment at Frank Ogawa Plaza shortly before 5 p.m. on Nov. 10, 2011.
McDaniels also admitted he had a prior conviction for robbery, which increased his prison term. McDaniels additionally has prior convictions for grand theft from a person and possession for sale of cocaine base but prosecutors dismissed those in return for his plea.
The suspected shooter in Foster’s death, Norris Terrell, a 23-year-old Oakland man, is charged with murder.
Terrell also is charged with shooting into an inhabited dwelling because one of the bullets he allegedly aimed at Foster went through the window of a nearby bank and grazed a teller.
Terrell is being held in custody without bail while he awaits his trial.
In addition to McDaniels, three other men have been charged with assaulting Foster shortly before Terrell allegedly shot him.
Oakland police Officer Robert Trevino testified at a preliminary hearing for McDaniels last August that Terrell and McDaniels told police in separate interviews that they went to Frank Ogawa Plaza on the afternoon of Nov. 10 because a friend had asked them to go there to help a cousin who was in a confrontation with about 10 people who were trying to beat him up.
Terrell and McDaniels both admitted that after they arrived at the plaza, they got into a confrontation with Foster, Trevino said. However, Trevino didn’t say why they got into the altercation with Foster.
Terrell and McDaniels both told police that McDaniels gave Terrell a .22-caliber long-barrel revolver with nine live rounds that Terrell used to shoot Foster, according to Trevino.
Terrell, who fled to Lexington, Ky., after the shooting and was arrested there on Nov. 27, admitted that he shot Foster four or five times, Trevino testified.
McDaniels told police that Terrell returned the revolver to him after the shooting and he noticed that about six rounds had been used, Trevino said.
McDaniels said he wanted to get rid of the gun because it had been used in the fatal shooting and he originally planned to throw it into the water underneath the Golden Gate Bridge but then gave it to somebody else to hide.
Prosecutor Tim Wellman said Thursday that McDaniels’ sexual assault of the woman was “the most vicious of crimes” and that she supports the plea agreement even though it resulted in a sentence that was less than the possible maximum. He said McDaniels won’t be eligible for parole until he is in his 60s.
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