General Crime

* Oakland, Jonathan Mims Gets 22 Years For Robbing And Carjacking But Acquitted On Murder Charges

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An Oakland man was sentenced today to 22 years in state prison for carjacking and robbing a woman in August 2005.Jonathan Mims, 29, could have faced a much longer sentence, but on April 6 jurors acquitted him of charges that he murdered the husband of the carjacking and robbery victim a year earlier.Prosecutor Joni Leventis said jurors acquitted Mims of charges that he murdered 43-year-old Kevin Survine in the 9400 block of Sunnyside Street in Oakland the afternoon of Sept. 22, 2004, because jurors questioned the credibility of the only eyewitness in the case.Leventis said the shooter fired nine shots from an AK-47 assault rifle in broad daylight. Four of them hit Survine.But she 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’ 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 that 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 the other crimes.The carjacking happened on 96th Avenue in Oakland about 3 p.m. on Aug. 22, 2005, not far from where Survine had been killed. The jury’s finding was “a totally appropriate verdict,” Berger said.Leventis said evidence in the case indicated that Survine was a drug dealer but that he was minding his own business and sitting on a corner when he was approached from behind and shot and killed. 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.”In addition to being convicted of robbery and carjacking, Mims was convicted of being an ex-felon in possession of a gun, using a gun and having two prior felony drug convictions.After Mims was sentenced by Alameda County Superior Court Judge C. Don Clay today, his mother fell down while leaving the courtroom and yelled, “That’s my baby! That’s my baby.”

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7 Comments

  • MAYBE I SHOULDN’T BE CAR JACKING? THEN I DON’T HAVE TO WORRY ABOUT GETTING 21 YEARS.

  • THIS IS MY LAST COMMENT FIRST OF ALL HOW WOULD U FEEL THAT YOUR CHILD HAVE TO SPEND 21YRS.FOR A CRIME THAT CARRYIED A SENTENCE FOR MURDER, THEY LET PEOPLE OUT WITH LESS TIME THEN MY CHILD GOT.MY OWN BROTHER WAS KILLED AND IT WAS A COLD BLOODED MURDER AND THE GUY GOT 8YRS.SO THE SYSTEM IS REALLY NOT FOR THE PEOPLE ITS TO GAIN STRIPES SO ONE DAY THE DA MAY BECOME A JUDGE PENDING ON THE CASES HE OR SHE HAS WON .FOR THE SUPPORTER WHOM WAS THERE FOR MY SON THANK U AND MAY GOD BLESS U AND YOUR FAMILY’S SO U WON’T HAVE EVER GO THROUGH THIS.

  • FIRST I WOULD LIKE TO SAY TO THE SURVINE FAMILY WHICH MY FAMILY HAVE KNOWN OF FOR MANY YEARS MY HEART GO OUT TO WE LOVED KEVIN. AS FOR THE CARJACKING AND ROBBERY MY SON GOT THAT MUCH TIME BECAUSE HE WAS’NT CONVICTED OF THE MURDER OF MR. SERVINE.THE CARJACKING AND ROBBERY ON MICHELLE WAS A NOT A CARJACKING THE WHOLE STORY DID NOT COME OUT ON THIS SHE LIED I PICK HER UP AFTER SHE HAD SOME ONE CALL AND SAY MY SON HAD’NT RETURN HER CAR BUT THE SYSTEM DON’T PLAY FAIR. MICHELLE AT THE TIME WAS A DRUG DEALER. THE LAWS ARE NOT FAIR AND NOT BECAUSE IT’S MY SON.THE D.A WAS HOT WHEN HE WAS’NT CONVICTED OF MURDER SHE DID’NT HAVE THAT ONE WITNESS SHE HAD THREE TWO WHOM SAID MY SON WAS NOT THE SHOOTER ,THE OTHER WITNESS MY SON HAD ,HAD PROBLEM WITH BEFORE AND HE SAID HE WOULD GET MY SON AND THIS WAS HIS WAY OUT JOCKO WAS ALSO PROMISE TIME OFF AND A SANDWICH TO TESTIFY SO WHAT DO THAT TELL U.I WILL PRAY FOR THE FAMILY,AND THAT D.A AND YES THATS MY BABY .

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