SAN LEANDRO (CBS SF) — A second suspect has been arrested on a murder charge in connection with the January fatal shooting of an innocent bystander outside the Bay Fair BART station in San Leandro, authorities said Tuesdsay.

BART police arrested Andre Smith, 18, at 3 p.m. Saturday at the Santa Rita Jail in Dublin on suspicion of the Jan. 19 shooting of Kenneth Lee Seets, police said. Smith was already in custody on an unrelated case.

BART police previously announced that 18-year-old Jabrie Bennett was arrested by Oakland police at 8701 Hillside St. in Oakland at 6:28 p.m. on Friday.

Seets, 50, was waiting for a bus outside the station at about noon on Jan. 19, which was a Saturday, when he was struck by gunfire and killed. A young woman was grazed in the back of her head by a bullet but it didn’t penetrate her skull and she was treated and released at a local hospital, authorities said.

Bennett and Smith were scheduled to be arraigned by video at Alameda County Superior Court in Hayward at 2 p.m. today.

Bennett and Smith were both charged today with murder and assault with a deadly weapon and Bennett also was charged with possession of heroin for sale.

BART police Officer Michael Maes said in a probable cause statement that Bennett opened fire after he had “a brief antagonistic conversation” with Smith outside the Bay Fair station.

Smith had come to the station with a loaded and concealed handgun in his waistband and was accompanied by his juvenile brother and another juvenile, Maes said.

Bennett was with two females and another male about 20 feet away from Smith and Smith’s companions, according to the statement.

Smith lifted his jacket, placed his hand on his gun and walked several steps from Bennett but Bennett then removed a .22-caliber semi-automatic rifle from his red duffel bag and began shooting at Smith, Maes said.

One of the shots struck Seets, who was seated a few feet from Smith, in the chest, killing him, and another shot grazed a woman who was with Smith, Maes said.

When Oakland police arrested Bennett on Friday, they found him in possession of 13 balloons containing suspected heroin and more than $500 in cash, according to Maes.

(Copyright 2013 by CBS San Francisco and Bay City News Service. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)


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