OAKLAND -- A 31-year-old man accused of being an accessory after the fact in connection to the killing of a 25-year-old man at the Occupy Oakland encampment on Frank Ogawa Plaza last year must stand trial before a jury, a judge ruled Wednesday.
But that decision was the least of the criminal worries for Issac McDaniels who was also ordered to stand trial for kidnapping and sexually assaulting a woman five days after the fatal shooting in front of City Hall.
McDaniels faces 25 years to life for the sexual assault because prosecutors allege that the Oakland native kidnapped his victim before forcing her to conduct oral copulation. He could face an additional seven years for being an accessory to a felony and assaulting a man with force likely to produce great bodily harm.
Oakland police had already identified McDaniels as a participant in an attack on Kayode O. Foster on Nov. 10 when the Occupy Oakland encampment was at its height in terms of size and participation. That attack led to the shooting death of Foster, solidifying opposition to the Occupy Oakland camp and the eventual police raid several days later.
McDaniels did not shoot the gun that was used to kill Foster but he admitted to police that he had helped attack Foster earlier and gave his gun to Norris Terrell, 20, who pulled the trigger, killing the 25-year-old. Terrell faces a murder charge and is scheduled to have his preliminary hearing in September.
McDaniels was not charged with murder because evidence collected in the case could not prove that McDaniels knew Terrell was going to use the weapon to kill, said Matt Wendt, a deputy district attorney.
While McDaniels faces serious felonies in connection to the murder, his alleged decision five
days later to attack a 21-year-old woman as she walked home from work could result in him spending most of his adult life in prison.
The woman testified in court Wednesday that McDaniels began to follow her as she walked on 14th Avenue at about 1 a.m. after failing to get a ride home from a McDonalds restaurant in Alameda where she worked.
The woman, now 22, said she first noticed McDaniels after he whistled at her as she walked. As her fear grew, she said, she crossed the street twice in an attempt to determine if the person was following her. He did, she said, and at that point, she said, she made a left on East 25th Street in hopes of losing him.
When she noticed that McDaniels had followed her, she quickly dialed 911 but could only state that she was being followed when McDaniels came from behind, grabbed her arm and demanded the phone. McDaniels took the phone and ended the call, she said.
At that point, she said, McDaniels pointed a gun at her and told her to walk more than 60 feet down a driveway to a secluded spot that could not be seen from the road. There, McDaniels forced her to perform oral sex and then left when the sex act was completed.
The woman said she was able to flag down a passing car and borrowed the driver's cell phone to call police.
DNA collected at the scene of the sexual assault and from swabs taken from the victim matched McDaniels DNA. The victim also identified McDaniels in a police photo lineup.
McDaniels was prepared to plead guilty to most of the charges filed against him just before his preliminary hearing began Wednesday. In exchange for his guilty plea, the district attorney's office would have offered him a 16-year prison term.
The plea deal was revoked, however, after the victim said she could not agree to the terms, said McDaniels' defense attorney David Bryden.