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Bakery Leader's Half-Brother Pleads No Contest To Kidnapping

Posted: 9:46 pm PDT June 24, 2009

A half-brother of former Your Black Muslim Bakery leader Yusuf Bey IV has pleaded no contest to one count of kidnapping for a May 2007 incident in which a group of bakery associates allegedly kidnapped and tortured two women in an effort to get money from them.

Yusuf Bey V, 22, who has the same father as Yusuf Bey IV but a different mother, entered his plea in a hearing in the courtroom of Alameda County Superior Court Judge Morris Jacobson on Friday but court records confirming his plea were not made available until Wednesday.

The plea agreement calls for Bey V to be sentenced to 10 years in state prison if he testifies truthfully against co-defendant Richard Lewis, 23, a former football star at Mission High School in San Francisco.

Five other felony charges against Bey V will be dismissed if he lives up to the terms of the agreement, according to court documents.

Bey V had faced a possible term of life in prison without the possible parole if he'd been convicted of all the charges against him. The kidnapping charge to which he pleaded no contest was a lesser included offense of torture, which was one of the original charges against him.

Also charged in the case, which has a complicated history, are Bey IV, 23, Joshua Bey, 20, who is another half-brother, and Tamon Halfin, 21.

The Bey half-brothers are the sons of Yusuf Bey, who founded Your Black Muslim Bakery but died in 2003. The bakery closed in 2007 because it went bankrupt.

Joshua Bey pleaded guilty on Jan. 29, 2008, to a single count of simple kidnapping in an agreement with prosecutors that calls for him to receive a sentence of three years in return for testifying against the other defendants.

On Aug. 8, 2008, at the end of a lengthy preliminary hearing that began on Jan. 24, 2008, and met on intermittent days afterward, Judge Eric Labowitz ruled that prosecutors presented enough evidence to have Bey V, Bey IV, Halfin and Lewis stand trial.

But on April 10, Judge Thomas Reardon dismissed the case for technical reasons, ruling that the four defendants hadn't clearly waived their right to have their preliminary hearing in one continuous session.

However, the Alameda County District Attorney's office re-filed the charges April 13.

On April 22, three of the defendants waived their right to have another preliminary hearing and agreed to proceed to trial, but Bey IV demanded to have another preliminary hearing.

On April 29, after a hearing that lasted less than two full days, Judge Joseph Hurley ruled that prosecutors had presented sufficient evidence to have Bey IV ordered to stand trial.

On the same day, an Alameda County grand jury indicted Bey IV on more serious charges in a separate case, accusing him of three counts of murder for the deaths of journalist Chauncey Bailey and two other men in the summer of 2007.

On June 3, Judge Jacobson separated the case into two different trials. Bey V was to be tried with Lewis and Bey IV was to be tried with Halfin.

Bey IV and Halfin are still scheduled to be tried together but Lewis is now scheduled to be tried alone. Lewis is scheduled to return to court on Aug. 10 for a pretrial hearing.

Bey V's plea agreement does not require him to testify against Bey IV and Halfin.

Prosecutor Scott Patton said at Bey IV's preliminary hearing on April 29 that his theory is that Bey IV "was the shot-caller" in the kidnapping and torture case.

Patton said he believes Bey IV wanted to kidnap the two women, who were mother and daughter, because they "had money or knew a drug dealer who had money."

The criminal complaint in the case accuses the defendants of using a fake police cruiser to kidnap the two women after they left a bingo parlor at Foothill Square in East Oakland and taking them to the Avenal Drive house, where the daughter allegedly was beaten, tortured and asked for money that the suspects thought she had.

Authorities arrested and charged the defendants after cell phone records and other evidence allegedly connected them to the incident.

The daughter testified on Jan. 24, 2008, that she thought she would be killed after her assailants kidnapped her, put a bag over her head, hit her twice in the head with a hard object and asked for money.

The woman, who was identified in court only as Jane Doe 1, said an officer rescued her after she was able to bite a hole in the bag over head, saw a real police car outside and yelled for help.

Patton prosecuted the case during the preliminary hearing but Deputy District Attorney Chris Lamiero is handling the case at the trial level. Lamiero declined to comment on the case today.

The defense attorney for Bey V, Andrea Auer, did not return a phone call seeking comment Wednesday.

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