Murder charge filed in gunning down of teen on Oakland street

A memorial sits at the spot where Davon Ellis, 14, was shot and killed in Oakland's Fruitvale neighborhood. A memorial sits at the spot where Davon Ellis, 14, was shot and killed in Oakland's Fruitvale neighborhood. Photo: Henry K. Lee Photo: Henry K. Lee Image 1 of / 25 Caption Close Murder charge filed in gunning down of teen on Oakland street 1 / 25 Back to Gallery

A convicted felon was charged Tuesday with murder in the shooting death of a 14-year-old boy in Oakland’s Fruitvale District, which prosecutors said happened only hours before the suspect went on a mini-shooting spree in Hayward, first firing on a car and then shooting it out with police officers.

Donald Higgins, 28, of San Leandro shot and killed Davon Ellis as the boy walked with friends on the 3300 block of Brookdale Avenue shortly before 8 p.m. on Feb. 28, authorities said.

Davon’s slaying shocked city leaders, police officials and residents. A freshman at Oakland Technical High School, he was a gifted football player whom relatives described as an easy-going kid.

His mother, Marquita Brown, said Tuesday that she was relieved that Higgins was behind bars.

“I’m happy he’s caught,” Brown said. “He won’t be on the streets anymore and won’t terrorize again. He will never see the light of day.”

None of that, however, could ever erase the agony of loss, she said. Higgins’ arrest “still doesn’t bring my son back. It doesn’t change anything,” Brown said.

She added that if she had the chance to talk to Higgins, she would ask him what was going through his mind when he allegedly opened fire on Davon and two of his friends. “I just want to know why,” she said.

The three teens were walking together when a man drove up to them and asked if anyone was named Tim, Brown said.

They said, “We don’t know a Tim,” she said. “He got out of the car, said, 'Something, something, Tim.’ They said, 'We don’t know you, bruh,’ and then he shot my son in the chest.”

Brown said Higgins “has no remorse. He has no soul. He’s totally empty.”

After fleeing the scene, Higgins turned up that same evening in Hayward, where he fired shots at an occupied car at Mission Boulevard and Harder Road about 9:30 p.m., later claiming to officers that the occupants were “trying to pull something out on him,” police said.

About 2 a.m. on March 1 — hours later — a Hayward police officer stopped a 2004 Infiniti FX35 near Winton Avenue and Soto Road, believing it matched the description from the earlier shooting in that city.

That’s when Higgins got out of the car, opened fire at the officer and ran away, authorities said. The officer returned fire, they said. Higgins also fired at a second officer who spotted him coming out of a yard, police said. Higgins later stated that he returned fire only after the officer shot at him.

No one was hurt in the shootout, and Higgins was arrested 12 hours later after a search of the neighborhood and a standoff at what turned out to to be his brother’s house on the 300 block of D Street. A loaded, stolen Glock 9mm handgun was recovered, police said.

Alameda County prosecutors charged Higgins with murder, shooting at an occupied vehicle, and numerous counts of attempted murder, attempted murder of a police officer, assault on a police officer, weapons enhancements and being a felon in possession of a gun.

Higgins has prior convictions for shooting at an occupied vehicle and robbery, court records show. He is being held without bail at Santa Rita Jail in Dublin.

Henry K. Lee is a San Francisco Chronicle staff writer. E-mail: hlee@sfchronicle.com Twitter: @henryklee