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Oakland's "Face Of Evil" Sentenced To Prison

POSTED: 10:39 am PDT March 24, 2007

An Oakland man described by prosecutors as one of the city's most heinous criminals has ben sentenced to 75 years to life in state prison for killing a fellow member of a gang called the Nut Cases.

Alameda County Deputy District Attorney Michael Nieto said 27-year-old Gregory Colbert Jr. "ruled parts of Oakland through fear" as the leader of the gang and called him "the face of evil" because he believes Colbert was responsible for many serious crimes," either by committing them himself or ordering others to do so.

However, after Alameda County Superior Court Judge Jeffrey Horner sentenced him, Colbert proclaimed his innocence and said he's not the person who shot 20-year-old Glen Phason to death in June of 2004.

Colbert turned toward Glen Phason Jr., the victim's father, and said, "I apologize to Mr. Phason's family that he has lost his son, but God knows I didn't kill his son and he (Phason's father) can't judge me."

Colbert said, "God is the only one who can judge me. No one else."

He also said he plans to appeal his first-degree murder conviction.

Before Colbert spoke, Glen Phason Jr. told the court, "I lost my son and I have to raise his three kids." But he was too emotionally distraught so say anything more.

Alameda County Superior Court Judge Jeffrey Horner sentenced Colbert to 25 years to life for his murder conviction, another 25 years for a prior conviction for battery causing serious bodily injury plus 25 more years for using a gun to kill Glen Phason.

Nieto said Colbert killed Phason either because Colbert had raped a friend of Phason and feared Phason would be a witness against him or because Phason had refused Colbert's order to kill another person.

The Nut Cases gang, which consisted of at least six people, engaged in a crime spree that terrorized Oakland over a six-week period in late 2002 and early 2003 mainly for thrills. Some members of the group, including Colbert and Phason, sported tattoos of the Planters "Mr. Peanut" logo.

In defiance of public outcry at the time over escalating violence in Oakland, Colbert, Phason and other gang members also had tattoos stating, "We still ain't listening."

Nieto said Phason "was a criminal, but even criminals don't deserve to die like he did."

The prosecutor said Colbert and some associates drove Phason to a secluded spot in Oakland and then everyone got out of the car.

Nieto said Colbert pulled out a sawed-off shotgun he'd been concealing under his coat and shot Phason in the face from a distance of only two feet.

Nieto said Colbert's driver, who wasn't affiliated with the Nut Cases or any gang, testified against Colbert during his trial.

He described the driver as "one of the most courageous witnesses I've ever seen" and said he's been relocated outside of California to protect his safety.

Nieto said the woman who was raped by Colbert also was an important and courageous witness.

Colbert's half-brother, Demarcus Ralls, 22, another Nut Case member, was convicted last year of four counts of murder and sentenced to life in prison without parole.

Ralls' lawyer, Deborah Levy, told jurors during his trial that Ralls began committing crimes at the behest of Colbert.

Levy said Colbert ordered Ralls to murder a man who was having an affair with Colbert's wife while Colbert was in state prison.

Ralls feared that Colbert would kill him if he didn't follow his orders, Levy said.

Nieto said crime runs in Colbert's family because his father, Gregory Colbert Sr., is serving a life sentence in state prison for crimes he committed in the East Bay.

The prosecutor said he believes Gregory Colbert Jr.'s statement in court "was an obvious attempt to assert his innocence" because he fears that various people may try to retaliate against him while he serves his lengthy term in state prison.

Nieto said, "He crossed a lot of people and now he doesn't have the power and authority he used to have."

He said Colbert "is no longer a force and is no longer respected or admired."

Colbert's attorney, Theodore Berry, declined to comment after Friday's hearing.

Berry filed and argued a motion asking that Colbert be granted a new trial on the ground that jurors in his case were prejudiced when they were told about Colbert's rape incident.

But Horner denied Berry's motion, stating that Berry had opened the door to introducing that information by repeatedly asking the woman who was raped if Colbert had ever threatened her.

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