Oakland man gets no additional jail time for biting off cousin’s earlobe during drive

Oakland man gets no additional jail time for biting off cousin’s earlobe during drive

OAKLAND — A 31-year-old man was sentenced to time he’s already served in jail for biting off his cousin’s ear while they were driving to buy cannabis, according to court records.

Charles Atkinson-Rodgers, of Oakland, was originally charged with mayhem and attempted robbery. But in a plea deal with Alameda County prosecutors he pleaded no contest to an assault charge in exchange for a three-year prison sentence. But factoring in credit for good behavior, Atkinson-Rodgers had already served that much time since his May 27, 2022 arrest, court records show.

The plea deal was finalized Nov. 22, and Atkinson-Rodgers was ordered to report to his parole agent that same day, according to a minute order from the sentencing hearing.

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According to the cousin’s testimony at Atkinson-Rodgers’ June 2022 preliminary hearing, the two were driving to purchase cannabis in Oakland with a third friend when they got into an argument. Atkinson-Rodgers allegedly struck the cousin, who stopped the car. The two got out and argued further, and his cousin turned around to get back in, he testified.

“I was facing my vehicle as I’m getting in with the door open, and he comes from behind and puts me in a choke hold and he bit my ear off,” Atkinson-Rodgers’ cousin testified at a June 14 preliminary hearing. He later added, “He looked at me and said, ‘That’s why I bit a chunk out of you,’ and spit the earlobe at me.”

Then he tried to steal his cousin’s shoes, according to police.

Atkinson-Rodgers was ordered to pay $300 in victim restitution as a term of his sentencing, court records show.