By Tatiana Gasca
ALAMEDA, CA – Micah Collins McMurray appeared in Alameda County Superior Court on Friday, July 23, for a plea hearing involving charges for brandishing a firearm in public, although he worked as a security guard and carried the firearm.
The defendant had been working as a security guard for the last 10 years. Just recently, McMurray began taking over graveyard shifts. The defendant was aware of the danger that it might impose and proceeded to carry a firearm on him at all times.
On July 9, McMurray allegedly carried a loaded firearm on his waistband and made his way into the movie theaters, while carrying a bag. It was not clear whether he had just finished coming from a graveyard shift or not.
Associate Deputy Public Defender Amy Yellen noted, “He was talking to the manager about whether or not he was allowed to bring a bag in, and he tells me that he was putting the firearm that he had on his waistband into the bag.”
Deputy District Attorney Brooke Perkins informed Judge Amy L. Sekany that the defendant had prior convictions three years ago. One was in regard to a domestic violence case where McMurray was prohibited from carrying a firearm for 10 years.
“He understands he should not have been in possession of a firearm. He would agree to not own, possess, or use a firearm if released on his own recognizance” stated PD Yellen.
She went on to add that the defendant does not impose a flight risk to the community’s safety, and, “He’s lived in Oakland his entire life. His family is here and just for the court’s knowledge we have Mr. McMurray’s brother.”
The DA argued that the defendant posed a great risk to the community.
Perkins responded, “He pulled the gun out of his waistband, pointed it at the victim, and told the victim, ‘If I wanted to rob you, I would’ and then placed the gun back into his waistband and walked away.”
A fellow employee witnessed this incident happen as McMurray threatened the 18-year-old victim. It was revealed that the weapon was a loaded 45 caliber handgun.
“I think bail is appropriately set at $90,000,” replied the DA.
Defense attorney Yellen argued, “I would just ask it would be reduced to an amount that Mr. McMurray can afford. I didn’t address that, but I believe he can afford $10,000.”
The DDA opposed the defense attorney’s request, noting, “I do not think he was merely trying to put a gun in a bag.”
Ultimately, Judge Sekany denied the defense attorney’s appeal because the judge believed that the defendant did in fact, pose a threat to the community.
Judge Sekany ruled, “Bail is maintained at $90,000.”
McMurray entered a plea of not guilty and denies all the allegations against him. He remains in custody. A pre-trial hearing is set for Aug. 20.