The Mercury News

Two teens charged with murder in shooting

- By George Kelly gkelly@bayareanew­sgroup.com Contact George Kelly at 510-208-6488.

SAN LEANDRO » Two 18-year-olds have been charged with murder in last month’s fatal shooting of a Redwood City man during a cellphone transactio­n, authoritie­s said.

The investigat­ion led to last month’s arrests of San Francisco resident Jordan Patton and San Leandro resident Marcus Fortune, the Alameda County District Attorney’s office said Monday.

According to court documents, Alameda County sheriff’s deputies responded to the report of a shooting just before 1:15 p.m. Nov. 18 outside a gas station in the 15800 block of East 14th Street in unincorpor­ated San Leandro.

In the station’s parking lot, officers found a man on the ground suffering from a single gunshot wound. Paramedics also responded and provided lifesaving measures, but the man, later identified as Daniel Carlos, 32, of Redwood City, was pronounced dead at the scene.

Investigat­ors spoke with a witness who said he had accompanie­d Carlos to the station to complete the sale of the phone, still in its box. After their arrival, Carlos waited outside the gas station when two men dressed in dark clothing approached him. After Carlos handed the phone to one man, both men turned and ran. Carlos pursued them until one man turned and shot him.

Other witnesses were able to provide a descriptio­n of a white Nissan Maxima without license plates, and investigat­ors combed through footage from nearby surveillan­ce cameras to reconstruc­t its flight from the scene.

Through informatio­n from the app used to set up the transactio­n, police were able to find Patton’s address and obtained warrants for his arrest, a search of his residence and car.

At 6 a.m. Nov. 19, San Francisco police detained Patton as he went to get into the Nissan. Although Patton denied any involvemen­t, he admitted he was the only person who drove his car and had its keys. A search of the car turned up dark-colored clothing consistent with earlier descriptio­ns of the suspect, as well as a phone, still in its box, matching the color and model described in the online ad.

Patton’s denial of involvemen­t included mention of a visit to a friend’s house in Hayward the night before. When investigat­ors corroborat­ed that account, the friend said Patton had called from an unknown number, determined to belong to Fortune.

After a judge authorized warrants for Fortune and Patton’s mobile phone records, investigat­ors showed call patterns matching interactio­ns on the app with the key witness. Investigat­ors also found additional surveillan­ce footage that showed the Nissan fleeing the scene and turning onto the same street where Fortune lived.

A judge then issued a warrant for Fortune, and investigat­ors surveilled him before stopping a vehicle on the morning of Nov. 30 and taking him into custody. A search of Fortune’s apartment turned up a .40-caliber semi-automatic handgun and several unused bullets whose headstamps matched those of casings left at the scene and recovered by police.

Fortune refused to identify anyone else involved but admitted the incident was a planned take-andgo heist that did not go as planned. He then invoked his right to silence.

Additional GPS records from the online-sales app showed Patton’s apparent travel Nov. 18 from his San Francisco address to Fortune’s apartment and the shooting scene before returning home.

Both Patton and Fortune were in custody Monday night at Santa Rita Jail and faced plea hearings Tuesday at East County Hall of Justice in Dublin, according to county records.

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