United States Attorney's Office for the Northern District of California

01/21/2025 | Press release | Distributed by Public on 01/22/2025 12:14

Felon Who Hid Loaded, Fully Automatic Handgun In 6 Year Old Nephew’s Pants Found Guilty Of Unlawful Firearm Possession

Press Release

Felon Who Hid Loaded, Fully Automatic Handgun In 6-Year-Old Nephew's Pants Found Guilty Of Unlawful Firearm Possession

Tuesday, January 21, 2025
For Immediate Release
U.S. Attorney's Office, Northern District of California

SAN FRANCISCO - Darneko Yates, 30, of Richmond, Calif., was found guilty of being a felon in possession of a firearm, following a one-day bench trial on Jan. 17, 2025, before the Honorable Araceli Martínez-Olguín, U.S. District Judge.

The evidence at trial established that on Aug. 27, 2023, San Pablo Police Officers attempted to stop Yates for a vehicle infraction. Yates drove for several blocks before pulling up partially onto the sidewalk in front of a relative's house. Yates had his young nephew and niece in the backseat of his car. At the time, Yates was on parole following three felony convictions for carjacking, solicitation to commit murder, and possessing a loaded firearm.

Upon learning that Yates was on parole with a search condition, officers searched his person but did not find anything. When Yates's six-year-old nephew got out of the car, Yates urged the child to go inside the house. The child moved slowly and kept his back to the officers. When officers looked at the front of the child, they saw an object tucked into the front of his pants. Upon further inspection, officers located a Glock firearm loaded with 11 rounds of ammunition inside the six-year-old's pants. The gun had a "Glock switch" or "machinegun conversion device," which allows a shooter to fire an endless stream of bullets with one pull of the trigger. During the traffic stop, Yates sent text messages telling an individual to come get the child out of the car before the police searched the vehicle, and admitting that the child had Yates's gun on him.

"Defendant's actions inexcusably endangered a young child. Thanks to the careful work of the officers on the scene, this did not turn into a tragedy," said U.S. Attorney Ismail J. Ramsey. "My office will continue to use all resources available to reduce violent crime and gun violence in our communities."

"Using a child to conceal a loaded, fully automatic firearm shows an alarming disregard for their safety and well-being," said FBI Acting Special Agent in Charge Dan Costin. "The FBI, alongside our law enforcement partners, remains steadfast in our commitment to holding dangerous offenders accountable and removing illegal firearms from our streets."

Yates was convicted of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). He faces a maximum statutory sentence of 15 years in prison. Defendant's sentencing is scheduled for April 28, 2025.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Assistant U.S. Attorneys Leif Dautch and Richard Ewenstein are prosecuting this case, with the assistance of Madeline Wachs. The prosecution is the result of an investigation by the FBI, the Contra Costa County Sheriff's Office, and the San Pablo Police Department.

Updated January 22, 2025