Oakland man convicted of 3 counts of attempted murder for shooting

OAKLAND (BCN) — A man was convicted of three counts of attempted murder today for wounding three men in a shooting in East Oakland two years ago that prosecutors believe was in retaliation for a fatal shooting six months earlier.

Jurors deliberated for only four hours before announcing their verdict against 24-year-old Mykolay McGowen for the shooting on Foothill Boulevard near 65th Avenue on April 13, 2015.

Prosecutor Matt Gaidos said he believes McGowen and alleged accomplice Anthony Smith, 27, were trying to avenge the fatal shooting of Smith’s younger brother, 15-year-old Fremont High School sophomore Isaiah Christopher Smith, just before noon on Nov. 29, 2014, in the 5400 block of Trask Street, only five blocks away from the site of the 2015 shooting.

Isaiah Smith was shot as he was walking on the street with a 16-year-old boy and an 18-year-old youth.

Gaidos said he believes that McGowen, who he said was the shooter in the 2015 case, and Anthony Smith, the alleged driver, were targeting two brothers because they’re associates of Tyrell Coulter, 25, and Savon Mims, 22, who have been charged with murder for Isaiah Smith’s death.

Coulter and Mims weren’t arrested and charged until August 2016.

During the trial, Gaidos showed jurors surveillance camera footage of the April 2015 shooting, which he said shows McGowen getting out of a black SUV and firing 14 rounds from a .45-caliber semi-automatic gun.

Gaidos said some of the shots struck and injured the brothers but several bullets also struck and injured an auto mechanic who was working on a car at his auto repair shop on Foothill Boulevard.

Gaidos said McGowen got back into the SUV after the shooting and drove off with Smith, but police later figured out that the vehicle belonged to McGowen’s mother and when they recovered it, they found McGowen’s fingerprints on it.

Defense attorney Darryl Stallworth admitted in his closing argument in the case on Wednesday that McGowen’s fingerprints were on the SUV but said there’s no evidence that they were placed there on the day of the shooting.

Gaidos said that when police searched McGowen’s home they found .45-caliber bullets that were the same as the bullets that were used in the shooting and a black sweatshirt that he said McGowen wore during the shooting.

Gaidos said in his closing argument that he believes the evidence against McGowen “is extremely straight-forward, uncontradicted and convincing.”

But Stallworth said, “You have a number of pieces of evidence that don’t provide much information.”

He told jurors, “There’s simply not enough evidence before you to explain why this shooting took place” or that McGowen wanted to kill anyone.

McGowen was convicted of two counts of premeditated attempted murder for shooting the brothers and one count of regular attempted murder for shooting the auto mechanic, as Gaidos said there’s no evidence that McGowen planned to kill the mechanic, who he said was simply in the wrong place at the wrong time.

McGowen was also convicted of one count of assault with a semi-automatic firearm and one count of unlawful possession of a firearm by a prohibited person.

Gaidos said McGowen could face a life sentence but will be eligible for parole in 25 years.

Anthony Smith, who is also charged with attempted murder, will be prosecuted separately.

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