Berkeley Man Gets Two Years for Robbing Moraga Man During Gun Buy

~ Bay City News Service

A Berkeley man convicted of robbery for his part in the brutal robbery assault of a Moraga man who went to a clandestine meeting to buy guns for his drug business was sentenced to two years in state prison Tuesday.

Nicolas Flatbush, 27, was initially charged with attempted murder for his part in the Oct. 25, 2006, attack on Hamed Mirabdal of Moraga during a meeting in the Berkeley Hills, but jurors found him guilty only of robbery.

Blake Mastro, 23, also of Berkeley, was described by prosecutor Eric Swalwell
Tuesday as the "mastermind" of the attack that left Mirabdal partially paralyzed and suffering from a multitude of medical conditions. Mastro was convicted of  attempted murder and robbery and faces up to 16 years in state prison at his sentencing May 13.

Flatbush's lawyer, William DuBois, asked Alameda County Superior Court Judge Allan Hymer to "temper justice with mercy" and sentence Flatbush to probation with one year in county jail, saying his client had cooperated with police.

DuBois said Flatbush took responsibility for his actions, is remorseful and has had a  job at a Safeway store for the past four and a half years. He pointed out that Mirabdal was far from the innocent victim and had agreed to meet Mastro and Flatbush on Poppy Lane in Berkeley that night because he wanted to buy 12 handguns from them.

"There's no telling what damage to the community that he would have done" if he had obtained the weapons, DuBois said.

As the case unfolded, it was determined that Mirabdal, who played football at Campolindo High School and now attends college, had been reselling marijuana purchased at medical cannabis clubs and wanted to enhance his "tough guy" reputation by purchasing firearms from Mastro, who offered to sell guns at a discounted rate.

Flatbush testified that he only intended to rob Mirabdal and had no idea that  Mastro would stab Mirabdal 25 times in his neck and chest.

After the hearing, court bailiffs were called on as Hamed Mirabdal's mother confronted Flatbush's attorney, DuBois, and had to be restrained.