OOKLAND — A San Ramon man has accepted a manslaughter conviction and a 15-year plea deal within the 2018 taking pictures dying of a Berkeley man who prosecutors say was robbed and shot throughout a marijuana deal in San Leandro.
Marcel Rutherford-Chew, 28, pleaded no contest to voluntary manslaughter within the taking pictures dying of Erica Allen Sr., 43. In trade for that plea, prosecutors dismissed fees of homicide, assault and theft towards him, in keeping with court docket paperwork. Rutherford-Chew is scheduled to be formally sentenced to fifteen years in jail on November 11, together with 4 years for time spent in jail awaiting trial.
Rutherford-Chow’s co-defendant, Jeffrey Hamilton, pleaded no contest to an assault with a lethal weapon cost and has been launched from jail. Each transactions had been recorded on September 12.
Rutherford-Chu’s felony report consists of an virtually equivalent incident in March 2012, when two of his mates — Wedell Chew, 24, of Fairfield, and Bernard Knight, 18, of East Palo Alto — had been killed in a taking pictures that sparked an alleged marijuana theft at a parking complicated in Fairfield. Rutherford-Chew was initially charged with homicide beneath the provocation doctrine, which permits prosecutors to cost the instigators of a criminal offense when a sufferer kills one other individual in self-defense, however in 2013 he accepted a plea deal and a three-year jail sentence for involuntary manslaughter. homicide.
In Allen’s dying, witnesses testified that he and a member of the family met Rutherford-Chu and Hamilton outdoors an house complicated within the 1500 block of Mono Road in San Leandro on Oct. 15, 2018, round 1:30 a.m. Safety guard Allen introduced the commerce pistol. In some unspecified time in the future, the 2 suspects allegedly brandished weapons and robbed Allen, resulting in a shootout during which Allen was struck and killed by gunfire.
Rutherford-Chew was arrested the next month when he appeared at a probation assembly in San Mateo stemming from a gun possession conviction. taking pictures a rap music video and gang exercise, court docket information present. He has been in jail ever since.