Three Sem City Gang Members Sentenced in Oakland Cop Shooting

Three members of the violent Sem City street gang opened fire on an Oakland police officer and ambushed a rival gang member in a 28-hour rampage of terror in January 2013. Purvis Ellis, 31, aka “Bot”; Deante Kincaid, 33, aka “Tay-Tay”; and Joseph Pennymon, 27, aka “Junkie”—all from East Oakland—were sentenced today in federal court for their roles in the back-to-back attacks that terrorized the city’s Seminary district.

On January 19, 2013, Ellis, Pennymon, and co-defendant Damien McDaniel, 27, launched a street-corner ambush on a rival gang member at a bus stop. The trio fired 13 shots, striking the victim in the forehead and leg as he stood defenseless. The attack was a brutal assertion of dominance over Sem City’s so-called “turf.” Just 28 hours later, the violence escalated when Kincaid and McDaniel confronted an Oakland police officer who responded to a tip about the getaway vehicle. When the officer refused to surrender his service weapon, McDaniel shot him in the arm. Kincaid restrained the officer, punched him in the head, and threatened to kill him.

Judge Phyllis J. Hamilton handed down the sentences today in U.S. District Court: 20 years for Ellis, 23 years for Kincaid, and 18 years for Pennymon. McDaniel, who pleaded guilty earlier and was sentenced on September 20, 2017, received 33 years in prison. All four men also face a 5-year term of supervised release following their incarceration. They have been in federal custody since their 2013 indictment.

The defendants admitted their roles in a racketeering conspiracy under the Violent Crime in Aid of Racketeering (VICAR) statute. McDaniel pleaded guilty to racketeering conspiracy, attempted murder in aid of racketeering, discharging a firearm during a crime of violence, and assault with a dangerous weapon resulting in serious bodily injury. Ellis and Pennymon pleaded guilty to the first three charges; Kincaid admitted to racketeering conspiracy, assault with a dangerous weapon, and brandishing a firearm.

Acting U.S. Attorney Alex G. Tse didn’t mince words: “Messrs. Ellis, Kincaid, McDaniel, and Pennymon and the Sem City criminal enterprise posed a significant threat to the public. Today’s just sentences assure the public that brazen acts of violence against our communities and the peace officers sworn to protect them will not be tolerated.” He credited the relentless work of federal and local law enforcement, including the FBI and Oakland Police Department, for bringing the case to justice.

Assistant U.S. Attorneys Joseph Alioto and Scott Joiner prosecuted the case, with support from Kevin Costello. The convictions mark a hard-won victory in a long-running battle against gang-driven violence in Oakland. With the sentences now finalized, the city can begin to reckon with the scars left by Sem City’s reign of terror.

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