Oakland man convicted despite self-defense claim

An Oakland man was convicted of murdering his neighbor’s boyfriend and attempted murder of another man despite self-defense claim.

A jury last month found Vick Malone, 66, guilty of first-degree murder for the death of Ernest McMurry, 50, and attempted murder of McMurry’s uncle.

According to reports, the three men got into an argument in November 2016 over tree trimmings and ended when McMurry was shot in the head by Malone.

McMurry had parked his car in his girlfriend’s driveway next to Malone’s property. As Malone did yard work, using a hedge trimmer to trim a tree, clippings fell onto McMurry’s car.

Malone said he offered to use a leaf blower to remove the trimmings, but McMurry ran out of the house and pulled a knife. So, Malone pulled out his own knife.

At this point, the two and McMurry’s uncle got into a knife fight, so Malone went inside to grab a shotgun. Instead of calling police, Malone said it wasn’t on his mind. “Someone was threatening my life,” he said.

Malone opened fire, trying to scare McMurry, but the shot struck the back of his head. And then the shotgun malfunctioned before Malone could shoot at McMurry’s uncle.

Malone faces 50 years to life in prison for the two counts, plus enhancement uses of personal and intentional use of a firearm. He will be sentenced in May.

[ East Bay Times ]

Read More On:

Latest Reviews

  • Tuck & Carry: CCW in a Skirt

    Aimed at those who want the comfort and convenience of a skirt but with the protection of a holstered gun, the Tuck & Carry occupies what I term apparel holsters -- that is clothing/holster duos.

    Read More
  • The Marlin Dark in .45-70 is Stealthy and Modern

    Flash forward the lever gun of Western lore to the 2020s, where Marlin has taken that classic design and given it a modern upgrade. Meet the Marlin Dark.

    Read More
  • Gear Review: Sig Sauer Tango 6T 1-6

    Sig Sauer has long been a big name in the firearms industry, so it came as no surprise several years ago when Sig filled out its repertoire with its own optics line. Today, we’re looking at the Tango 6T, a 1-6 low power variable optic.

    Read More
  • First Look: Hornady 6mm ARC

    Hornady brought another impressive project to the shooting public in 2020 with the introduction of the 6mm Advanced Rifle Cartridge.

    Read More