OAKLAND -- A 36-year-old man was found guilty this week of voluntary manslaughter for killing a stranger at a taco truck on International Boulevard during a drunken fight, the Alameda County District Attorney announced.
Theodore Jones, of Oakland, avoided the harsher penalty of first- or second-degree murder for killing D'Mario Anderson, 23, after a jury found that Jones did not plan the killing or have malice in shooting the Antioch man with a handgun.
According to the district attorney's office, Jones and Anderson began to fight on Sept. 8, 2010, after Jones bumped into Anderson as both waited for food they had ordered from a taco truck near the corner of 44th Avenue and International Boulevard.
After Jones bumped into Anderson, the two exchanged dirty looks and then began fist fighting when Anderson pulled out a gun. Jones immediately lunged at Anderson and placed him in a bear hug. Anderson fired his gun, hitting Jones in the leg, evidence in the trial revealed.
Nevertheless, Jones was able to pry the gun from Anderson's hand, at which point Anderson ran from the scene but not before reaching into his waistband. At that point, evidence showed, Jones believed Anderson had another gun and fired several shots at him, two of which hit Anderson.
As Anderson laid on the ground, Jones walked over to him and shot him in the head.
The district attorney's office had sought either a first- or second-degree-murder verdict against Jones but the jury disagreed and found the convicted drug dealer guilty of voluntary manslaughter.