OAKLAND -- A man has been charged with shooting at an auto repossessor who was towing a car with a woman in the trunk on July 25 in West Oakland, authorities said Friday.

Neither the repossessor nor the woman was injured, and it is still unclear how the woman, who owned the car, got into the trunk. Police believe she either fell or jumped in while the car was being towed.

The suspect, Gabriel Duncan, 23, of Oakland, is charged with three felonies: assault with a firearm on the driver, possession of a firearm by a felon and shooting at an occupied motor vehicle, authorities said. He is also accused of violating probation.

Court records show Duncan has prior convictions for possession of ammunition by a prohibited person in Alameda County in 2013, for which he is on probation, and illegal purchase of a large-capacity ammunition magazine in Nevada County in 2011. Duncan is scheduled to enter a plea Aug. 7. He is being held on $430,000 bail.

He has refused to talk to investigators, police said.

The incident in the 900 block of Seventh Street began at 9:17 a.m. July 25, when the repossession agent preparing to tow a BMW belonging to a woman Duncan knows, police said. Police did not know their exact relationship.

The woman, whose name was not released, saw what was happening and came out of her residence to remove some personal items from the trunk, Officer Mike Troupe said.


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As the agent began towing the BMW, the woman either fell into the trunk or jumped in, police said. Investigators said the agent claimed he did not know she was in the trunk, even though the woman later told police she yelled to him she was there.

As the tow truck drove off, police say Duncan began shooting at the driver with a pistol, hitting the tow truck several times but missing the driver. Whether Duncan knew the woman was in the trunk is not known because he would not talk to police.

The driver used his cellphone to notify police and stopped to wait for officers in the area of Seventh and Chester streets, where the woman got out of the trunk.

After the shooting, Duncan ran into a friend's apartment in the 1000 block of Seventh Street where, more than two hours later, he surrendered to police.