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View Full Version : Good news: Patrick McCullough in Oakland not to be charged in shooting


bwiese
03-17-2005, 10:34 AM
Good news! From today's SF Chron...

http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2005/03/17/BAG0SBQMTS1.DTL

Bill Wiese
San Jose


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OAKLAND: DA's Office Clears Man Who Shot Teen Neighbor


His crusade against drug dealing gained him friends, foes

Henry K. Lee, Chronicle Staff Writer

Thursday, 17 Mar 2005

A North Oakland man known for his crusade against neighborhood drug dealers won't face charges for shooting a 16-year-old neighbor, prosecutors said.

Patrick McCullough, 49, whom police had arrested on suspicion of felony assault after he shot Melvin McHenry in the arm and torso, appears to have acted in self-defense, said Alameda County Deputy District Attorney Jim Lee.

And because McCullough was standing in his yard when the shooting occurred, he cannot be charged with a weapons violation.

"This fact makes any possible weapons offense inapplicable," Lee said Wednesday.

Furthermore, Melvin -- whom McCullough said appeared to be reaching for a gun during the Feb. 18 confrontation -- also is not expected to face charges, said District Attorney Tom Orloff.

"At this point we don't anticipate any charges against anyone involved in that incident," he said.

The shooting galvanized McCullough's neighborhood on 59th Street near Shattuck Avenue, where residents urged prosecutors not to charge McCullough on the grounds that he was defending himself.

McCullough said he is pleased that he won't face charges.

"I didn't want to have this thing hanging over my head any longer," he said. "I knew ultimately I was going to not be found guilty of anything. I'm really glad that the DA now has looked it over two times and pretty much confirmed what everybody else in the community seems to know."

McCullough wounded Melvin during a Feb. 18 confrontation in front of the man's home near a well-known drug-dealing spot at 59th Street and Shattuck Avenue.

McCullough, who has reported suspected drug dealers to police for 10 years and frequently tells the young men who gather on the sidewalk outside his home to beat it, said he fired in self-defense after Melvin and other youths surrounded him, yelled "there's the snitch" and hit him. He said he fired only because he heard Melvin call out for a pistol and then reach into a friend's waistband.

But Melvin told The Chronicle that McCullough started the confrontation by yelling at a group of teens as they walked past McCullough's home and then started a fight. Melvin said he hit McCullough after the older man grabbed him by the arm, and was running away when McCullough fired.

Melvin's mother, Stacy Hegler, declined comment Wednesday.

The family's attorney, Ivan Golde, said he wasn't surprised that McCullough wasn't charged.

"It's a difficult case because it's politically unpopular," he said, adding, "There's no question there's civil negligence."

Some have wondered why McCullough has not moved. He has said the city-run first-time homebuyer program that allowed him to buy the home requires him to stay put for 20 years or risk losing his equity.

But the city hammered out a deal Wednesday to free him from the 20-year obligation.

Under the agreement, McCullough and his wife can sell their home and stay in the program -- and keep their equity -- as long as they remain in Oakland, said Councilwoman Jane Brunner. "I think he needs to keep his family safe, and the police are telling him to move, so this gives him an option."

Lt. Lawrence Green, who oversees patrols in North Oakland and not only supported McCullough but urged prosecutors to file charges against Melvin and his friends, said Wednesday that prosecutors made the right decision.

"I'm pleased obviously," Green said. "I think all the good neighbors coming forward in the interest of justice made the difference."

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Chronicle staff writer Jim Herron Zamora contributed to this report. E-mail Henry K. Lee at hlee@sfchronicle.com .
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bwiese
03-17-2005, 10:34 AM
Good news! From today's SF Chron...

http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2005/03/17/BAG0SBQMTS1.DTL

Bill Wiese
San Jose


-----------------------------------------------------------
OAKLAND: DA's Office Clears Man Who Shot Teen Neighbor


His crusade against drug dealing gained him friends, foes

Henry K. Lee, Chronicle Staff Writer

Thursday, 17 Mar 2005

A North Oakland man known for his crusade against neighborhood drug dealers won't face charges for shooting a 16-year-old neighbor, prosecutors said.

Patrick McCullough, 49, whom police had arrested on suspicion of felony assault after he shot Melvin McHenry in the arm and torso, appears to have acted in self-defense, said Alameda County Deputy District Attorney Jim Lee.

And because McCullough was standing in his yard when the shooting occurred, he cannot be charged with a weapons violation.

"This fact makes any possible weapons offense inapplicable," Lee said Wednesday.

Furthermore, Melvin -- whom McCullough said appeared to be reaching for a gun during the Feb. 18 confrontation -- also is not expected to face charges, said District Attorney Tom Orloff.

"At this point we don't anticipate any charges against anyone involved in that incident," he said.

The shooting galvanized McCullough's neighborhood on 59th Street near Shattuck Avenue, where residents urged prosecutors not to charge McCullough on the grounds that he was defending himself.

McCullough said he is pleased that he won't face charges.

"I didn't want to have this thing hanging over my head any longer," he said. "I knew ultimately I was going to not be found guilty of anything. I'm really glad that the DA now has looked it over two times and pretty much confirmed what everybody else in the community seems to know."

McCullough wounded Melvin during a Feb. 18 confrontation in front of the man's home near a well-known drug-dealing spot at 59th Street and Shattuck Avenue.

McCullough, who has reported suspected drug dealers to police for 10 years and frequently tells the young men who gather on the sidewalk outside his home to beat it, said he fired in self-defense after Melvin and other youths surrounded him, yelled "there's the snitch" and hit him. He said he fired only because he heard Melvin call out for a pistol and then reach into a friend's waistband.

But Melvin told The Chronicle that McCullough started the confrontation by yelling at a group of teens as they walked past McCullough's home and then started a fight. Melvin said he hit McCullough after the older man grabbed him by the arm, and was running away when McCullough fired.

Melvin's mother, Stacy Hegler, declined comment Wednesday.

The family's attorney, Ivan Golde, said he wasn't surprised that McCullough wasn't charged.

"It's a difficult case because it's politically unpopular," he said, adding, "There's no question there's civil negligence."

Some have wondered why McCullough has not moved. He has said the city-run first-time homebuyer program that allowed him to buy the home requires him to stay put for 20 years or risk losing his equity.

But the city hammered out a deal Wednesday to free him from the 20-year obligation.

Under the agreement, McCullough and his wife can sell their home and stay in the program -- and keep their equity -- as long as they remain in Oakland, said Councilwoman Jane Brunner. "I think he needs to keep his family safe, and the police are telling him to move, so this gives him an option."

Lt. Lawrence Green, who oversees patrols in North Oakland and not only supported McCullough but urged prosecutors to file charges against Melvin and his friends, said Wednesday that prosecutors made the right decision.

"I'm pleased obviously," Green said. "I think all the good neighbors coming forward in the interest of justice made the difference."

----------------------------------------------
Chronicle staff writer Jim Herron Zamora contributed to this report. E-mail Henry K. Lee at hlee@sfchronicle.com .
----------------------------------------------

icormba
03-17-2005, 10:56 AM
A good man with a good Irish name with good news on St. Patties day http://calguns.net/groupee_common/emoticons/icon_wink.gif wish him and his wife good luck.

on another note, this is kinda scary...
"we don't anticipate any charges against anyone involved in that incident"

But at least the city finally let him out of his contract!!, but... should he leave or should he stay? will that mean the "hoods" win?
And who in their right mind would move into that hood?

Charliegone
03-17-2005, 5:12 PM
This is the problem now a days. Punks like Melvin get off easy while the person trying to defend him/herself gets targeted. Also wtf is this kid doing with drug dealers. Wtf is wrong with his parents? They are not there when he's doing wrong, but when they see money whoa!! "My poor kid" BS. We need to start teaching parents like this to be more responsible. Damnit it really pisses me off...

bwiese
03-17-2005, 5:27 PM
I hope Patrick McC can hold out there.

That area WILL gentrify. Exc. commute location, etc. Some of the houses are gems. Housing prices are surprisingly high there; it's not Compton/The Hood.

He deserves some real estate gains for all his hard work & putting up w/BS.

In another 10-12 yrs that will be a nice area.

In 20 years East Palo Alto will be the next Foster City.


Bill Wiese
San Jose

icormba
03-17-2005, 6:07 PM
The hood is anywhere you have hoodlums...
These hoods won't back down & with the AW ban expired... there are plenty of AW's on the streets now for these hoods to get their hands on. Ok, joking aside... Sure he deserves the monetary gains, but what good is it if he's dead? He needs help & it doesn't seem like he's gonna get it from the city when the cops tell him to move & the city finally lets him out of his home. Next time he shoots on of them, will the DA dismiss it a 2nd time? He needs help from his fellow neighbors.

I hope he does fight, but I hope he lives as well. Where are Charles Bronson & the other guy with the "zip gun" when we need them?
http://www.dvdmaniacs.net/Captures/CapturesA-D/death_wish_3/DWIII-08.jpg

esskay
03-17-2005, 11:02 PM
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Charliegone:
This is the problem now a days. Punks like Melvin get off easy while the person trying to defend him/herself gets targeted. Also wtf is this kid doing with drug dealers. Wtf is wrong with his parents? They are not there when he's doing wrong, but when they see money whoa!! "My poor kid" BS. We need to start teaching parents like this to be more responsible. Damnit it really pisses me off... </div></BLOCKQUOTE>

What crappy parents, huh... Any wonder that kid turned out to be a punk?

rkt88edmo
05-03-2005, 9:03 PM
And McCullough still seems to be putting up with all kinds of moronic behavior from antagonists who have come out of the woodwork:

Baiting the 59th Street Vigilante - Combine a black radical protest with a media rat pack, a righteous homeowner, and a calculating attorney. The result is one surreal scene. - BY JUSTIN BERTON (http://www.eastbayexpress.com/issues/2005-04-27/news/eastsidestory.html)

Ford8N
05-04-2005, 6:21 AM
If the cops know there is a problem in that area, why aren't they hanging out in that area too?

Spotted Owl
05-04-2005, 8:15 AM
The cops prefer to get involved in the clean-up stages. No risk to themselves that way.

ivanimal
05-04-2005, 1:34 PM
Rokkit reading that article made my head hurt. I thank God everyday I dont live in a drugwar zone. That lawyer Golde needs a good butt whoopin!

icormba
05-07-2005, 4:29 PM
The group's organizer, Bakari Olatungi, led a chant for his peers:

"Who's McCullough?/Don't you see?/Just another snitch/For the O.P.D."

"Bakari Olatungi"??
I wonder what his real name is?