A convicted drug dealer was found guilty of first-degree murder today for fatally shooting a man who interjected himself into an argument between a father and son at a corner store in West Oakland in July 2013.
An Alameda County Superior Court jury deliberated for less than a day and a half before reaching its verdict against Alpacino “Capone” McDaniels, 30, for the shooting death of 23-year-old Teric Traylor of Oakland in the 800 block of Mead Avenue at about 7:30 a.m. on July 6, 2013.
Prosecutor Patrick Moriarty said in his closing argument on Tuesday that testimony by two eyewitnesses provided sufficient proof that McDaniels was the man who shot Traylor and the only issue for jurors to decide was the degree of murder for which he should be convicted.
Moriarty said he believed first-degree murder was the most appropriate verdict, alleging that McDaniels acted with premeditation and deliberation because he “called his shot” by saying something to Traylor before he shot him.
Moriarty said he thinks McDaniels shot Traylor because Traylor was beating up and taunting McDaniels’ friend, Charles “Cheese” Fuller, in a fight that was being watched by a large group of people.
He said the fight occurred after Traylor interjected himself into an argument that Fuller was having with his father, Jeffrey “Pops” Fuller, at a corner store after they had been up all night drinking alcohol and smoking marijuana.
But McDaniels’ attorney, Jody Nunez, told jurors that they should find McDaniels not guilty because she thinks the witnesses aren’t believable and the prosecution didn’t prove that McDaniels was the shooter.
McDaniels, who put his head down and then shook it side to side, was so upset after the jury announced its verdict that Alameda County Superior Court Judge Larry Goodman didn’t set a sentencing date today.
Goodman told Nunez, “I’ll put it over a few days until your client settles down a little bit.”
McDaniels has four previous convictions: two for possession of cocaine base for sale, one for selling a controlled substance and one for evading a police officer.
Jeff Shuttleworth, Bay City News