Killing of Kerry Baxter Junior, by Anita Wills July 2011

See petition

and article in POOR Magazine

My name is Anita Wills, and I am writing about my son, Kerry Baxter Senior and my grandson, Kerry Baxter Junior. My son, Kerry Senior, received a sentence of sixty-six years, in 2001, under three strikes. He was accused of killing an innocent bystander, after an altercation with a twenty year old and his gang. The Detective in charge was Oakland Homicide Detective Brian Maderias, who took over from Detective Longmire. In fact Longmire was looking at Jahmani Jones and had arrested him. When Maderias took over the case he and the DA gave blanket immunity to Jahmani Jones, and focused on my son. I now know that Jones was being used as an informant for a Documentary on Oakland Street Gangs. The Documentary starred none other then Sgt (nowLieutenant), Brian Maderias. Jones was on Felony Parole in Maderias County and yet hanging out in East Oakland. During his Blanket Immunity Jones continued to rob and assault citizens of Oakland. My son also had a Felony on his record from when he was eighteen years old. He shot a young man in the shoulder, AFTER OPD told him that this young man killed his friend. We later found out that his friend was very much alive, and the bullet only grazed his skull. 

 

Kerry was getting on the right path and worked for Naval Air Station, as a Journey Level Mechanic, and as a Journey Level Carpenter. When he was arrested Kerry was days away from going to work on the Bay Bridge. Although Madeiras knew this about Kerry he told the newspapers that Kerry was a Gang Member and drug dealer. When he was arrested Kerry was thirty-one years old and a father to two young sons. His case has been appealed through the States Court and upheld, and he is now in front of the 9th Circuit Court of Appeals.

The California Supreme Court upheld his case, after stating that it appeared his Right to A Fair Trial had not been upheld. Yet, they still upheld the conviction, giving Kerry no choice but to go to the 9th Circuit.  The three strikes my son were; One strike from when he took a plea to Armed Assault when he was eighteen years old. The second strike was under the DA and Madeiras theory that Kerry had gone to the bar that night to kill Jahmani Jones. However, they did not mention that Jahmani Jones and his gang, actually approached Kerry in the bar and asked him to step outside. Twenty year old Jahmani Jones had a long and extensive record of Gang Activity, Robbery, and Assaults in Oakland and in Merced County. It was Officer Maderias and the DA who traveled to Merced County and asked them not to Violate his parole. After my son was convicted a documentary on Oakland Street Gangs came out featuring Maderias as an expert on Gangs in Oakland. The third strike was because of the death of Anthony Blake, who was an innocent bystander. After Kerry, Jahmani, and his gang left the bar that night, Anthony Blake stepped outside to take a smoke. Kerry, Jahmani and several others were across the street on Georgia which runs into MacArthur Blvd. Witnesses testified that they heard several gun shots ring out,although Kerry stated that he only shot one bullet into Jahmani Jones foot, after he pulled a gun. The entire incident was because Jahmani believed that Kerry was accusing him of shooting out a window in my SUV. That was a couple of months earlier and the window had been replaced. Kerry fixed the window and told me that it was probably some of the youngsters hanging around the club. However, I was not called as a witness by the Defense or the prosecution, which is curious to me.

 

Maderias told Kerry that the one bullet he shot ricocheted across MacArthurBlvd and hit Anthony Blake in the heart. Although Jahmani Jones was questioned and given a GSR test at Highland Hospital, the information did not show up in the trial. They also gave Jahamani a Lie Detector test which he failed. I know about the Lie Detector Test because I have the results. I also have the records showing that they gave him a GSR test, but do not have the results, which is interesting. They also questioned the four gangmembers that were with Jahmani that night but none were called to testify. Even Jahmani Jones said that the youngsters had a lot of respect for Kerry. Maderias and the DA painted Kerry as a Drug Dealer (he has never been arrested for dealing drugs), Gang Member (yet the name of his gang nor any members were every mentioned), and all around Thug. They had the help of the Oakland Tribune who ignored our request to portray Kerry in a different light. All of the blacks were stricken from the Jury and Kerry was convicted by an all white jury. He received sixty-six years to life for second degree murder, in 2003.

 

Compounding the situation is the death of my grandson, Kerry Baxter Junior,who was nineteen on January 16, 2011. Little Kerry told me of several occasions when OPD harassed him, including in December when he said they took his California ID. Kerry lived in Oakland (Sobrante Park), with his mother and two younger brothers. The Oakland Police Department has spent more time trying to cause friction and disunity in our family, then solving my grandsons murder. He was not just my grandson, but my oldest grandson, and like one of my own children. We were very close until he became a teenager (of course), but the bond was never broken. The last time I spoke to Kerry Jr., he told me he was going to College. He had graduated from High School when he was seventeen and decided to take a break. So it was a double tragedy that he made that decision and then someone took his life.

 

I filed a complaint with the Oakland Police Review Board is because Maderias is now a Lieutenant of Homicide, and overseeing the investigation into my grandson's murder. They have blocked me out and will answer no questions about the murder. They do not just ignore me but are rude and disrespectful when I call down there. At this point Kerry needs an Attorney for his Federal Appeal and I need Legal representation. I have been harassed over the years by OPD, even though I live in San Leandro. The latest incident came, when an Officer from Homicide called my grandsons mother (Lawana Wyatt), and told her I was impeding the investigation into my grandsons death. What followed was a week of harassing phone calls, and emails from Lawana Wyatt, her family, and friends. At one point they threatened to come to my house if I did not stop interfering with the Police. I was in the process of getting a restraining order, but now things have cooled down somewhat. This is the way OPD works getting someone to do their dirty work for them. That is why it is not beyond the realm of possibility that they had my grandson killed. He was not just killed, but executed in front of that Church. The Papers say his assailants were trying to rob him. But no money was taken from him they literally chased him down and shot him in the back. The Police have not posted a description of the assailants, nor posted a reward for their capture. When I designed a flier and took it to them, they did not return it to me, but call my grandsons mother.

 

I have been assisted by Pueblo Foundation, in filing a complaint with the Citizens Police Review Board. My ultimate goal is to get the State or Feds to come in and investigate the murder of my grandson. I told them that it is a conflict of interest for Lt. Brian Maderias to over see the investigation into my grandsons murder and I want him removed. He is mentioned in my son Kerry Seniors appeal to the 9th Circuit, as is the Judge, and DA. I am getting flack from all three of these entities some of it is more subtle than other. However, I know who they are and that they are trying to take the focus from my son's case by creating chaos in my life. The death of my grandson was a blow that stopped my son and I in our tracks, but we are back on track again.      Anita L. Wills

 

I am including a link to a petition in my grandson Kerry Juniors name:We Demand Justice in the Murder of Kerry Baxter Junior
http://www.change.org/petitions/we-demand-justice-for-murder-victim-kerry-baxter-junior