W. OAKLAND PROPERTY OWNER BEATEN, DRUG DEALERS SUSPECTED

Building Manager Attacked While Trying To Protect Fourplex

OAKLAND -- A 41-year-old Hayward software engineer who has worked to
improve West Oakland rentals to earn extra income for his family was
beaten last week by a gang of local drug dealers who refuse to stay
off his property, police said Friday.

Convicted drug dealer Marcus Smith, 23, the accused ringleader in the
attack, was charged Friday with violating probation and making
terrorist threats, police said.

Investigators said Smith threatened the owner with a gun and forced
him to the pavement at the Mead Avenue fourplex where he and at least
three other drug dealers beat and kicked him. More arrests are expected.

"(The victim) is trying to improve the condition of his property and
make life in the area better, and for that he is viciously attacked,"
Lt. Paul Berlin said. "That's outrageous, and we are not going to let
that happen."

Berlin promised that drug dealers who attack a property owner "will
see an immediate response from police. We will let them know they
cannot ply their vicious trade through fear and intimidation."

The property owner, who asked that he not be identified, has owned the
West Oakland fourplex for 21/2 years and has poured thousands of
dollars into renovations and at least $10,000 more into repairs to
damage caused by neighborhood dealers and thugs, he said.

Berlin credited the owner for the work he has done and said Mead
Avenue "has historically been off and on a major attraction for drug
dealers from around the East Bay as a place to set up their
distribution of narcotics. If they think the area is blighted they
just come in and stake their claim,"

Sgt. Dom Arotzaruna said the dealers have hidden their drugs on the
Mead Avenue property and sold drugs out front.

When the attack occurred about

3 p.m. March 26, the owner was at the rental building pouring concrete
for a new metal fence he wanted to buildaround the front porch to ward
off the dealers, he said.

It's not uncommon for up to 20 guys of all ages to loiter on the front
porch, go into empty units to sell drugs and intimidate the renters,
the property owner said.

So when the property owner saw Smith come out of a side door of the
building, he confronted him, asking him to stay out of the units and
off the property.

The two locked eyes, and the owner said Smith opened his shirt to
reveal a gun tucked in the waistband of his pants, telling him: "I'll
do whatever I want."

Just before attacking the owner, Smith handed the gun to another
dealer and told the owner, "You ain't telling me what to do," police
said.

The fray ended when a resident of the apartment came outside and
demanded they stop. The suspects left.

The property owner said he sustained a gash to the left side of his
head, bruises on his head and some cuts.

Smith was subsequently identified as the main attacker. He was
arrested Wednesday by Beat Health Unit Officers Brodie Rivera and
Maureen Virgara.

The property owner, who owns five investment properties, including two
in West Oakland, said he won't sell the place but will continue to
work with police to rid the neighborhood of such activity.

To date, he and others have called police more than 100 times to
report loitering, vandalism, open-air drug dealing and other criminal
activity, he said.

"Everyone I talk to (says) 'Why don't you sell it?'" he said. "It's
been such a long war, I wouldn't even feel right until I see that
neighborhood get cleaned up."