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Alameda County Probation Chief Details in Article How He Intentionally Hit a Man With His Car

A 1997 article written by David Gaither, also known as David Muhammad, the probation chief currently facing a sexual harassment lawsuit, details a case in which he was arrested on a charge of attempted murder at age 15.

Alameda County's probation chief, who was put on paid administrative leave last month after a sexual harassment and discrimination lawsuit was filed against him, wrote an article in 1997 admitting that he tried to kill someone when he was 15.

When he was a student journalist, David Muhammad, 38, wrote a candid article under the byline of David Gaither for the San Francisco Examiner.

"The case never came to trial due to lack of evidence, but the truth is I was guilty," Gaither wrote.

The first-person article was about the issue of charging juveniles as adults in criminal cases and was titled "Little future in harsher treatment." In it he describes using his car to intentionally run over a man he suspected was stealing from his family.

"I hit the gas. He tried to jump out of the way. I hit him on his side, and he was thrown to the ground," the article states. "The car crashed into my uncle's house. I leaped out and chased the man. Somehow he got up and ran, but when he woke the next morning, he was paralyzed, a condition that lasted for some time."

Gaither wrote that after he hit the man he was mostly just upset at having to go to a hospital to check his own injuries and because the car was totaled. 

He says in the article that the attempted murder charges were dropped, but a 1998 Q&A with the former San Leandro resident on the Media Alliance website quotes him as saying that he was put on probation for the attempted murder.

Regardless, he wrote that he knew no witnesses would cooperate and that afterward he "continued his life of crime," until a couple of years later, when he realized he had no long-term future if he continued. He got involved in his studies, sports and community groups, which opened up opportunities for him.

When the lawsuit was filed in February, most Bay Area media outlets mentioned Muhammad’s criminal past, something he has also been open about during speaking engagements, but no details of the cases were included, most likely because he was a juvenile and such records are not public.

At some point, Gaither changed his name to David Muhammad and left the Bay Area to work in Washington, D.C., for the Department of Youth Rehabilitation Services. He also worked for 10 months as deputy commissioner of New York City's Department of Probation, Adult Services.

Muhammad’s attorneys could not be reached for comment about the article he wrote as Gaither.

A recent article in the Washington Times says Muhammad returned to the Bay Area in December 2010 when he was by the Alameda County Board of Supervisors.

After the was filed, the Board of Supervisors put Muhammad on leave and appointed  to the job in March. The case against Muhammad has been turned over to the California State Attorney General's Office.

Donna Zeigler, the attorney for the County Board of Supervisors, told Patch she was not involved in the hiring of Muhammad.

"I can't say what the board did or didn't know [about Muhammad's criminal history] and I don't know the extent of his criminal history," said Zeigler.

She did say most peace officers must pass a thorough background process.

Zeigler does not know if the Board of Supervisors was aware of Muhammad's other name of David Gaither.

"You can Google it, and it's out there," commented Zeigler.

Supervisor Keith Carson told the Oakland Tribune in March that Muhammad underwent a "rigorous" background check.

Supervisor Keith Carson has not returned calls for comment on this story.

According to the Alameda County website, the requirements for an entry-level Probation Officer include a “background investigation which includes an interview and a thorough check of police records, personal, military, and employment histories, and inquiry of persons who know you and evaluate whether you: respect the law and rights of others; are dependable and responsible; have demonstrated mature judgment in areas such as the use of drugs and intoxicants; are honest; and are a safe driver.”

They also require fingerprints and a psychological exam for candidates. The site says that the candidates will have the ability to “understand one's self and have self-control in relation to self and others (self-awareness) and that “ideal candidates" will have a “track record as an excellent decision maker” and have the “highest ethical standards."

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nick mastick April 28, 2013 at 09:34 pm
Of all the concerns in our society, I put this just about dead last.
Steven Murphy April 17, 2013 at 02:25 am
Hmm. So I think you're telling me I need to add the countdown timers to the long list of BerkeleyRead More idiosyncrasies I need to ignore? I guess can do that. Thanks. --Murph
Alexander Sinclair Merenkov April 15, 2013 at 04:34 pm
This is very interesting. I bicycle and walk a lot around Berkeley. I think i know exactly whatRead More signal is being referred to the walk sign across Bancroft at MLK specifically will reset itself. many of the walk signals rely on induction loops which are loops placed in the ground that can detect Bicycles and Cars when the Bicycles or cars pass over them disrupting the current. You can often see these loops as they look like hexagonal saw cuts in the ground. Anyways the intersection detects traffic with these devices & if it doesn't detect anything then it assumes nothing is there and gives right of way to the major throughway in this case being MLK. So the reason the counter to cross Bancroft resets itself is totally logical because the intersection suspects no one is there and since that side of Bancroft is more or less residential there would be no point in setting that intersection to a timer where it gives priority to one light then the other & switches based on that & not on wether it detects any bicycles or cars passing over the induction loops. Also this is Berkeley and we are rather quirky and always have been so nobody exactly fallows the rules or knows about them its funny how simple crossing the street really is but its anything but simple in reality. Many people choose to jay walk if its safe to do so, this is typical on Shattuck at alston especially and makes sense for efficiency but isn't very safe or lawful. If the hand is flashing/Counting down dont cross!
Janet Scrivener April 6, 2013 at 11:15 pm
Actually, I just saw and spoke to him about an hour ago - the wire sculpture man. He'd moved downRead More Solano a few blocks, opposite Safeway. I asked him if the police had moved him off Colusa. He said he didn't want to talk about it. He wasn't in a very good mood. I told him that people had asked about him on a web local news site. He said, "People want to know how I'm doing? I need a car. I need somewhere to put my stuff in. To get off the streets. I don't want to sit around starving in public." I thought to myself, "Who do I think I am? A Girl Scout leader? Pollyana?" I realized my upbeat, cheery tone was really not what was needed just then. I said I couldn't help him with a car. "People want to know how I'm doing?" he said again. "Tell them that." I said, "I will." I turned to walk away, knowing only too well that the real needs that exist, yes, right here in our lovely, excellent neighborhood, are great and once you start giving you'll find it's difficult to get out of. He did say, "Thank you," as I left. He doesn't look like he's starving. But he's right about being out in public more than he would like to be. As a reasonable human being, I have to ask myself, what sort of person finds himself in that position? Ex con? Mental illness? Mind-blown Vet? Drugs? Alcohol? Incapacitated by an accident? An unforgivable act? Some combination of the above? Jesus did say, "The poor you shall have always with you." What would you do?
P. Park April 4, 2013 at 03:29 am
I agree Shattuck, especially right in front of the fire station is the scariest street around.
Mary April 3, 2013 at 06:45 pm
I am not disabled, but I am terrified of crossing streets nowadays because there are too manyRead More careless and aggressive drivers who act is if red lights, speed limits, and crosswalks either don't exist or don't apply to them. Shattuck in particular has become a nightmare to cross. Sometimes I have counted over 30 cars going by before one stops for the crosswalk. What we need is far more law enforcement - the tickets written would more than pay for the cost of hiring extra officers.