Gang member gets 33 years for shooting and wounding Oakland police officer

A gang member charged with shooting and wounding an Oakland police officer has been sentenced to 33 years in federal prison, prosecutors said.

Damion McDaniel was sentenced Wednesday for shooting the officer on Jan. 21, 2013 — just 28 hours after he and three other gang members from the Seminary neighborhood in East Oakland shot a rival gang member in a street-corner ambush, according to federal prosecutors.

McDaniel, 27, of Oakland, pleaded guilty on April 27, 2017, to racketeering conspiracy, attempted murder in aid of racketeering, assault with a dangerous weapon and discharging a firearm in furtherance of a crime of violence.

“Mr. McDaniel posed a significant threat to the public,” U.S. Atty. Brian Stretch said. “Today’s sentence assures the public that this violent criminal will be off the streets for the next three decades.”

As part of his plea, McDaniel admitted that he and three other gang members from East Oakland’s Seminary neighborhood, known as “Sem City,” conspired to murder a rival gang member found in their neighborhood.

According to his plea, McDaniel and three other men converged on the victim, who was standing at a bus stop. After a volley of gunfire, one of the gang members ran up to the victim lying on the ground and shot him in the head at close range. The man survived, prosecutors said.

An officer investigating a tip that the getaway car was in an apartment complex was attacked by McDaniel and two other gang members. The officer was restrained and struck in the head as the assailants threatened to kill him. McDaniel then shot the officer in the arm when he refused to give up his service pistol. The officer, according to prosecutors, suffered injuries to his head and forearm.

A federal grand jury indicted McDaniel in 2013. Two other gang members from the “Sem City” neighborhood, Deante Kincaid and Joseph Pennymon, pleaded guilty to their roles in the offenses last month.

A federal judge sentenced McDaniel to a five-year period of supervised release to follow his prison term.

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