OAKLAND — Despite a last-minute plea from the victim’s mother, prosecutors here have dismissed the murder case against a Richmond man accused of killing his romantic rival.
Terryan McDowell, 27, was charged Feb. 4 with murdering 42-year-old Darnell Parker at the apartment of the woman both men dated. Just six weeks after filing the charge, prosecutors dismissed it, and by then McDowell had already been granted bail.
McDowell’s lawyer called the homicide a clear case of self-defense. Parker’s mother, Kimberly Hypolite, said in court that his family was being denied justice and blamed a “biased” police investigation.
“I object, and I object for a lot of reasons. My main reason is Oakland Police Department did a very shoddy investigation,” Hypolite said in court. She later added, “My son deserves a thorough investigation. My son deserves justice. I think it’s not fair. I mean, I feel like there’s two men that got caught up in some craziness with a woman, but there’s still accountability there.”
Deputy District Attorney John Ullom, who prosecuted the case, said he and other attorneys doubted they would be able to “disprove the claim of self-defense beyond a reasonable doubt.” He said the decision to dismiss was made after “reviewing the evidence.”
After listening to Hypolite’s please, Judge Kimberly Colwell granted the prosecution motion to dismiss. She acknowledged the family’s pain and says she has “no control” over what Oakland police did or didn’t do.
“That does not make you feel any better. I get that. It doesn’t bring your son back; it doesn’t give you justice,” Colwell said. “I get all of that. I hear you.”
Police said at the time that McDowell was at the home of the woman they were both dating, when Parker showed up and attempted to get inside. He allegedly threatened McDowell, who was allowed to carry a concealed handgun, according to court records.
Parker was killed Jan. 15 at an apartment on the 9400 block of International Boulevard in East Oakland, court records show. Two children were allegedly sleeping at the apartment at the time.
After killing Parker, McDowell fled the area and later called police. His lawyer said that was because McDowell was concerned he’d been set up and wanted to get to a safe area.
McDowell’s lawyer questioned why the Alameda County District Attorney’s office ever charged the case, and said that McDowell “feels terrible” for Parker’s family.
“He was not looking for trouble, but trouble came to him,” Ernie Castillo, the defense lawyer who represented McDowell, said in a written statement. “His life was threatened after he had tried to calm the situation down…Terryan defended himself.”
An online fundraiser for Parker, which has since been deleted, describes him as a “beloved” family man whose loved ones were left devastated by a “senseless act of violence.” McDowell owns his own real estate business in Richmond, according to court records.
Before the case was dismissed, a judge granted a defense motion to bail McDowell out of jail. Typically, murder defendants in Alameda County aren’t bailable and such action, while uncommon, requires a judge’s approval.