OAKLAND — Two men have been indicted on federal charges of possessing guns in a school zone, though the case stems from a shootout across the street from an elementary school, in a liquor store parking lot, court records show.
Kawan Hardy, 33, and Jamonn Blincoe, 31, allegedly shot back at assailants after hearing gunfire outside the Bottles & Liquor Market on Market Street in Oakland. The store is located across the street from the Martin Luther King Jr. Elementary School, but no students were present when the shooting took place, at 11:15 p.m. on Jan. 24.
Blincoe and Hardy had been charged in state court, but Alameda County prosecutors dropped the case one day after the charges were filed. The federal criminal complaint, filed on March 24, says the two defendants were identified from surveillance footage and that the shooting started after two “unknown females” began fighting a few feet from Blincoe and Hardy, who were customers at the store.
The complaint alleges both men can be seen “reacting” to gunfire and that they pulled weapons and shot back. About two dozen shell casings were recovered from the crime scene, authorities said.
Both men are not allowed to possess guns due to prior felony convictions, court records show. Hardy had been sentenced to two decades behind bars for a 2018 shooting, but in 2021 he won a partial appeal and a lower sentence.
Appellate court judges reversed the most serious charge against him, finding that a superior court judge failed to hold a hearing to establish the scientific legitimacy of Shotspotter gunfire detectors. The court also found that an Alameda County prosecutor represented that the gunfire detection’s evidentiary value would be limited, then made it a more crucial part of the case.
Both Hardy and Blincoe are in jail without bail, and their next court date has been set for April 2, records show.