General Crime

*Oakland 29-Year-Old Jonathan Mims Not Guilty Of Charges That He Murdered 43-Year-Old Kevin Survine

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An Oakland man was acquitted today of charges that he murdered a man in 2004, but he was convicted of charges that he robbed and carjacked the murder victim’s wife a year later.After deliberating for only a day, jurors found 29-year-old Jonathan Mims not guilty of charges that he murdered 43-year-old Kevin Survine in the 9400 block of Sunnyside Street in Oakland about 4 p.m. on Sept. 22, 2004. But jurors convicted Mims of robbing Survine’s wife and carjacking her 1990 Oldsmobile on 96th Avenue in Oakland about 3 p.m. on Aug. 22, 2005, not far from where Survine had been killed. Mims’ lawyer, Michael Berger, said, “This was a totally appropriate verdict.”Berger said there was insufficient evidence to prove that Mims killed Survine.He said there was only one eyewitness to the shooting incident and “he had zero credibility.”Prosecutor Joni Leventis couldn’t immediately be reached for comment.Mims is scheduled to be sentenced by Alameda County Superior Court Judge C. Don Clay on June 5.

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Apr 6, 2009 – BCN69:OAKLAND: MAN ACQUITTED OF MURDER BECAUSE OF WITNESS
CREDIBILITY ISSUES

An Oakland man was acquitted today of charges that he murdered a man on Sept. 22, 2004, because jurors questioned the credibility of the only eyewitness in the case.However, 29-year-old Jonathan Mims still faces a 22-year state prison term when he is sentenced by Alameda County Superior Court Judge C. Don Clay on June 5 because jurors convicted him of charges that he robbed and carjacked the murder victim’s wife in a separate incident a year later.After deliberating for only a day, jurors found Mims not guilty of charges that he murdered 43-year-old Kevin Survine in the 9400 block of Sunnyside Street in Oakland about 4 p.m. on Sept. 22, 2004. Prosecutor Joni Leventis said the shooter in the incident fired nine shots from an AK-47 assault rifle in broad daylight and four of them hit Survine.But Leventis said jurors questioned the believability of testimony by the lone eyewitness because the man is a convicted child molester with a lengthy criminal record. Leventis said she thinks the witness’s testimony was corroborated by other evidence in the case, such as gunshot residue found on Mims’ clothes only a few hours after the shooting, but she respects the jury’s verdict.Mims’ attorney, Michael Berger, said the case was “a whodunit” and he believes the eyewitness “had zero credibility.”Berger said he thinks the jury did the right thing by acquitting Mims of the murder charge but convicting him of robbing Survine’s wife and carjacking her 1990 Oldsmobile on 96th Avenue in Oakland about 3 p.m. on Aug. 22, 2005, not far from where Survine had been killed. “This was a totally appropriate verdict,” Berger said. Leventis said evidence in the case indicated that Survine was a drug dealer but she said “he was minding his own business” and sitting on a corner when he was approached from behind and shot and killed.She said Survine’s family is upset about the case because he was the third person in the family who has been murdered.Leventis said that in the second incident Mims followed Survine’s wife, put a gun to her head and ripped her necklace off her neck.According to Leventis, Survine’s wife testified that Mims told her to “stay off 96th Avenue or you’ll end up killed like your husband.”The prosecutor said that in addition to convicting Mims of robbery and carjacking jurors convicted him of being an ex-felon in possession of a gun, using a gun and having two prior felony drug convictions.

Copyright © 2009 by Bay City News, Inc. — Republication, Rebroadcast or any other Reuse
without the express written consent of Bay City News, Inc. is prohibited.

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2 Comments

  • OH AND KEVIN HAD NOT BEEN WITH MICHELLE FOR OVER 15YRS BUT GIRL U PLAYED THE SCHOOL TEACHER ROLE AND THAT LOVING WIFE ROLE WELL U NEED A CONTRACT WITH NBC NETWORK CAUSE U GOOD .GET RICH OFF THE SYSTEM CAUSE U KNOW HOW TO WORK IT.

  • mims found not guilty, it was fair the jury was right BIG UP TO THE JURY NOW GETTING TO THE CARJACKING AND ROBBERY I FEEL THAT IT WAS NOT FAIR .FIRDT HOW DO U PUT TWO CRIMES THAT HAPPEN AT DIFFRENT TIMES TOGETHER THAT MAKES NO SENSE AT ALL THIS WAS A SET-UP SO THAT THE JURY WOULD FIND HIM GUILTY ONEWAY OR ANOTHER AND I’M NOT SAYING THIS BECAUSE I’M HIS MOTHER I DON’T UPHOLD ANY WRONG DOING MY SON MY HAVE DONE BUT I KNOW FOR SURE THAT MICHELLE SERVINE IS A DOPEDEALER and it was all for her to get money from v.o.v.c. the hold story did not come out. the lawyer whom i think was a good lawyer focus mainly on the 187 and not the carjacking and robbery but in all my family has known this family for over 30yrs. AND WILL PRAY THAT KEVIN KILLER IS FOUND. WE LOVE KEVIN AS IF HE WAS A BROTHER,UNCLE AND FRIEND.

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