Duane Nailor sentenced to 12 years, two months in prison for 2013 attempted voluntary manslaughter case

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Update 3/9/2016: This article was updated to reflect information regarding Nailor’s sentencing. 

Texas native Duane Nailor was sentenced to 12 years and two months in prison Wednesday after being found guilty of attempted voluntary manslaughter in Berkeley in late 2013.

Nailor had previously withdrawn his plea of not guilty by way of insanity in court after he was found guilty by the Alameda County Court.

After Nailor, 56, withdrew the plea, the judge gave an indicative sentence of 12 years and two months in prison, according to Deputy District Attorney Gemma Daggs, the case’s prosecutor. Wednesday’s sentence upheld this decision.

The case traces back to the early morning of Oct. 23, 2013, when Nailor assaulted Shawn Bradford on the northeast corner of Shattuck Avenue and Center Street.

According to Daggs, Nailor was approached by Bradford and DeShaun Montgomery, who asked Nailor for a cigarette. From inside his SUV, Nailor began arguing with the two men, prompting Montgomery to reportedly throw a beer can at the SUV. Nailor then exited his car with a pipe and swung at the two men, Daggs added.

Nailor violently beat Bradford, who sustained major injuries but survived. Nailor then drove away from the scene, leading police on a high-speed chase and colliding with a Berkeley Police Department patrol car in the process.

His vehicle crashed into a tree, at which point he fled by foot and attempted to hide in the neighborhood. He was soon apprehended by BPD.

According to the arrest report, “Nailor exhibited behavior and physiological symptomology consistent with being under the influence of drugs.”

The jury delivered the verdict Monday, finding Nailor guilty of attempted voluntary manslaughter, mayhem, assault with a deadly weapon and evasion of a police officer. Nailor then pleaded not guilty by reason of insanity.

A second sanity phase of the trial was scheduled to take place the morning of Feb. 10 at the Rene C. Davidson Courthouse in Oakland, but that morning, Nailor withdrew his plea and received an indicative sentence of 12 years and two months, according to Assistant District Attorney Teresa Drenick.

Staff reporter Lucas Lochner-Bravo contributed to this report.

Contact Anjali Banerjee and Alex Fang at [email protected].