Gun felon who opened fire from driver’s seat while reversing car in getaway bid gets 30 months’ after plea deal miscalculation
A repeat gun felon who opened fire on criminal rivals from the driver’s seat of the coupé he was reversing down an Oakland street was sentenced to 30 months’ imprisonment today – 40 months less than the term he may otherwise have been due owing to to a remarkable miscalculation of his ‘criminal history score’ by attorneys.
Prosecutors say D’Monieya Green was trying to flee from a gunfight that erupted on Oakland’s 76th Avenue on April 25 2022. He simultaneously used a Glock 17 9mm handgun to assail his adversaries while driving his Toyota Solara backwards along the street – an endeavor culminating in the car hitting a central median at the intersection of MacArthur Boulevard. Shot in the upper leg, he then ran into a nearby grocery store. 25 knotted balloons containing heroin were found in his clothing when he later arrived at hospital.
Green, 30, was on probation at the time of the incident, having exchanged gunfire on a West Oakland street corner in a near identical 2019 episode which resulted in a two year prison term.
In 2014 he was convicted for unlawfully carrying a concealed weapon in a vehicle.
“I’m compelled to go along with the recommendation,” said U.S. District Judge Jeffrey White at Oakland federal courthouse this afternoon. “Even though it is a stiff sentence it could be a heck of a lot worse than what it is. You should be happy that you have a very competent lawyer and a very compassionate government counsel.”
Green’s 30 month term was jointly recommended by prosecution and defense pursuant to a plea agreement.
Owing to a significant miscalculation in determining Green’s past criminal history, what otherwise would have been a ‘guideline’ sentence range of 70-87 months’ imprisonment was transformed to a guideline range of 30-37 months, with the parties agreeing on 30.
This left a harried prosecutor struggling to justify the subpar sentence he was inviting the court to impose by bolstering Green’s own case for rehabilitation and broadly accepting his assurance that he intends to turn over a new leaf and move to Stockton.
“Mr Green has experienced firearms-related trauma for most of his life,” explained Assistant U.S. Attorney Jonathan Lee in a memorandum to the court, “…not only times when he suffered gunshot wounds but also knowing others in his community killed by gun violence.”
“[H]is lifelong firearm-related trauma, his plan to relocate, his supportive family, his intention to father his child, and his recent work history are all mitigating factors,” Lee added.
“[A]ny individuals contemplating the illegal possession and use of a firearm or the possession of controlled substances…” Lee optimistically concluded, “will think twice about this conduct in light of the recommended 30-month sentence.”
On his feet today before Judge White he again defended the sentence.
“I would just emphasize for the court’s consideration that it was our judgement that the recommended sentence is the correct one notwithstanding the parties admitted error in the calculation of the sentencing guidelines.”
“Our office reached a considered judgment and the guidelines issue came to light later.”
“We continue to believe it is the appropriate sentence.”
Defense attorney Miranda Kane also encouraged the judge to overlook the sentencing calculation mistake: assuring him in her sentencing memorandum that “the joint 30-month recommendation was not purely guidelines drive, [i]nstead it represented, and continues to represent, the parties’ view of a sentence sufficient, but no greater than necessary to comply with the provisions of [sentencing rules].”
“Mr Green is more motivated than ever to break this cycle of gun possession and incarceration.”
‘He has never known the feeling of personal security that most people take for granted. For Mr Green, taking his safety for granted as a young [b]lack man in the East Bay has proved to be a luxury he cannot afford.”
“It is not surprising that he should fear for his safety and arm himself at times even though his felony status prohibits him from possessing a firearm.”
“What’s going to be different in the future?” Kane was asked today by Judge White. “Because, obviously, my goal is to give a fair and just sentence, but also to make sure society is protected, our community, and I worry a little bit about the defendant’s history – what assurances can you give and on what basis?”
“He is a father and the birth of his son last year, unfortunately when he was in custody, has dramatically changed his outlook,” Kane told him. “If he is to be there for his son – as in not killed – then he needs to change his life dramatically.”
The court would later hear that Green’s infant son lives in Las Vegas.
Ultimately the judge decided to impose a 30 month custodial sentence (along with 18 months for a probation violation to run concurrently).
“I’m compelled to go along with the recommendation,” White said. “Even though it is a stiff sentence it could be a heck of a lot worse than what it is. You should be happy that you have a very competent lawyer and a very compassionate government counsel.”
Green had earlier pleaded guilty to one count of ‘being a felon in possession of a firearm” and violating the terms of his probation.
Green was previously convicted of a federal firearms offense arising from “…a daytime firing of a handgun on a public street at an unseen shooter at a distance of up to 330 feet away, in a context that included pedestrians, cyclists, residents, vehicles and inhabited dwellings,” that took place on Market Street in West Oakland on May 6 2019.
In that incident, he managed to hold on to his coffee cup during the exchange of fire.
In November 2019 Green sold heroin on four occasions to a DEA informant. He was on probation for a state case at the time. In 2014 he was convicted of illegal possession of a concealed firearm. His juvenile record was alluded to by prosecutors but not specified.
The court was told that on his release Green intends to forswear the Bay Area and go to live in Stockton with his mother.
Green’s plea agreement was not available for public inspection.
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