OAKLAND (CBS SF) — A convicted drug dealer was released from jail Thursday after serving less than three years for killing a man at a KFC restaurant in August 2012.
Anthony Paige and co-defendant Terry Austin, both 29, were charged with murder and attempted murder for the killing of 25-year-old Demariae Clay of Oakland and wounding a woman while the victims were waiting for food in the drive-through lane of the restaurant, located at 73rd Avenue and International Boulevard, at about 6:15 p.m. on Aug. 16, 2012.
The victims were in the woman’s Lexus and Clay was in the driver’s seat, according to Oakland police. Clay died of multiple gunshot wounds.
But prosecutors recently entered into an agreement that allowed Paige and Austin to plead no contest to the lesser charge of voluntary manslaughter and receive three-year sentences.
Alameda County Superior Court Judge Allan Hymer formally sentenced Paige Thursday to a three-year term but he was given credit for the time he’s been in custody since his arrest on Sept. 4, 2012, and released.
Austin’s lawyer, William DuBois, said Austin would be released from custody when he’s sentenced on Jan. 8, 2016. Delaying Austin’s sentencing date allows him to serve his time at the Glenn Dyer Jail in Oakland rather than at state prison, DuBois said.
Officer Robert Trevino wrote in a probable cause statement that a witness saw Paige and Austin jump over a fence from the 1400 block of 72nd Avenue into the KFC parking lot the evening of Aug. 16, 2012.
The witness then saw both suspects brandish handguns, approach the victims’ car and then shoot into the car, according to Trevino.
Paige and Austin got into an awaiting vehicle and fled the scene, the witness told police.
However, the witness saw the suspects drop a piece of evidence and when police tested a latent fingerprint on it, the print matched Paige’s prints, Trevino said.
When Paige was interviewed after his arrest on Sept. 4, 2012, he denied being in the area of the restaurant at the time of the shooting, Trevino said. When he was re-interviewed two days later he admitted to showing up at the shooting scene but only after the shooting had taken place, according to Trevino.
Paige’s lawyer, Bonnie Narby, declined to comment on his case Thursday.
DuBois said he advised Austin to fight the charges against him because he thinks Austin is innocent but Austin decided to enter into the plea agreement because he didn’t want to risk getting convicted of murder if his case went to trial.
DuBois said he thinks there were problems with the prosecution’s evidence in the case.
The Alameda County District Attorney’s Office declined to comment on the case Thursday.
Prosecutors said Paige has two prior felony convictions: one in 2010 for selling a controlled substance and one in 2005 was for selling or transporting marijuana.
Prosecutors said Austin also had two prior convictions: one in 2011 for being a felon in possession of a firearm and one in 2007 for possession for sale of cocaine base.
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