Man Convicted of Gun Possession in Furtherance of Gang Activity

FOR IMMEDIATE RELEASE
March 17, 2011

CONTACT: ADA Seth Steward, DA Gascón’s Office, (415) 553-1014
Erica Terry Derryck, DA Gascón’s Office, (415) 553-1167

MAN CONVICTED OF GUN POSSESSION IN FURTHERANCE OF GANG ACTIVITY

SAN FRANCISCO – San Francisco District Attorney George Gascón announced today that Oakdale Mob gang member Jacori Bender (DOB: 7/2/1991, CTN: 10016347) was convicted on charges of gun possession with the specific intent of furthering the conduct of a criminal street gang.

“We need to take back our streets by making sure we take out of gang members’ hands the weapons of destruction they use to terrorize our communities,” said District Attorney Gascón. “This landmark verdict is a clear indication that the people of the City and County of San Francisco know the importance of stopping gang members in their tracks.”

On Monday, March 14, 2011 a jury found the defendant guilty of carrying a loaded, stolen firearm in violation of California Penal Code Section 12031(a)(2)(B), guilty of carrying a loaded firearm and being an active participant in a criminal street gang in violation of California Penal Code Section 12031(a)(2)(C). The jury also found the defendant guilty of unlawful possession of a firearm in violation of California Penal Code Section 12021(c)(1), receiving stolen property in violation of California Penal Code Section 496, unlawful possession of a controlled substance while armed with a loaded firearm in violation of California Health and Safety Code Section 11370.1(a) and possession of a controlled substance in violation of California Health and Safety Code Section 11377. The jury found true the allegation that the defendant was convicted of a felony committed for the benefit of, at the direction of, or in association with a criminal street gang with the specific intent to promote, further, or assist in any criminal conduct by gang members in violation of California Penal Code Section 186.22(b)(1)(A).

The charges stem from the defendant’s May 28, 2010 arrest by San Francisco Police who were patrolling in the Oakdale Avenue/Baldwin Court area of San Francisco when a group of individuals were observed running away. As officers pursued, the defendant Jacori Bender, was seen throwing away a gun he was holding. The defendant was in the company of other suspected Oakdale Mob gang members. Court documents show that forensic testing of the weapon retrieved at the scene revealed the defendant’s DNA to be a major contributor to DNA found on the grip of the gun handle. The testing also excluded other suspected gang members from the grouping of DNA found on the weapon.

The evidence presented at trial proved the defendant has a history of gang contacts in the Hunters Point area of San Francisco. On April 16, 2010, a gun was stolen from a resident of the City of Fairfield, CA. On April 17, 2010, the defendant was in a vehicle, wherein an occupant was earlier seen to be waiving a gun out of the window. On May 28, 2010, that stolen gun, a .9mm Smith & Wesson semi-automatic handgun, was recovered after the defendant threw it, while running from officers. The defendant was searched and found to possess one ecstasy pill in his front, coin pocket. The defendant has been previously convicted of Misdemeanor Criminal Threats in violation of California Penal Code Section 422 on November 25, 2009, when he yelled to Oakdale area security guards, "I'm the Real Oakdale Boy, ya'll gonna get blasted up in here."

The maximum statutory penalty Jacori Bender faces is 13 years in state prison. The sentencing of defendant Bender is scheduled for Friday, April 8, 2011 at 9:00 a.m. in Department 27 before the Honorable Newton Lam.

The arrest of defendant Bender is the result of the investigation by San Francisco Police Department Inspector Broberg, Sgt. Chaplin, and Officer Wells. Assistant District Attorney Marc Guillory prosecuted the case.

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