OAKLAND (CBS SF) – A man with 10 felony convictions over the past 20 years has been charged with murder for the shooting death of former Oakland Tribune freelance photographer Lionel Fluker near an East Oakland gas station on Friday night.
Anthony Lister, 38, of San Leandro, has also been charged with possession of a firearm by a felon, carrying a concealed firearm in a vehicle and carrying a loaded firearm in a city.
His prior convictions, which date back to 1993, could add to his state prison term if he is convicted.
Fluker, 54, who had worked for more than a decade as a freelance photographer for the Oakland Tribune, was shot at about 10:15 p.m. near Seminary Avenue and MacArthur Boulevard.
Oakland police Sgt. Arturo Bautista said Fluker was not the shooter’s intended target and appears to have been hit by a stray bullet. He died at the scene.
Oakland police Officer Mario Bonilla said in a probable cause statement filed in court that Lister, also known as Joe McNeely, got into an argument with an unidentified man at the Valero gas station at 5910 McArthur Blvd. on Friday night.
Bonilla said Lister hit the other man in the face with his fist and both men then took out firearms they had concealed.
Lister fired multiple rounds at the other man, who also shot at Lister, Bonilla said.
Fluker, who was driving south in the 3300 block of Seminary Avenue, was shot in the forehead as he passed by, according to Bonilla.
The other man ran from the scene and Lister got into his car, which was parked at the gas station, and drove it about four-tenths of a mile before abandoning it in the 3300 block of Seminary Avenue, Bonilla said.
Another man then drove Lister to a hospital, where he was treated for multiple gunshot wounds, Bonilla said.
Surveillance video taken at the Valero station shows that Lister was there during the shooting and Lister also told police that he was at the station “when he hears gunshots and gets shot,” Bonilla said.
The officer said, “Lister by his own admission places himself at the scene.”
The man who allegedly exchanged gunfire with Lister is still at large, Sgt. Chris Bolton said Wednesday.
Lister has four convictions for possession for sale of a controlled substance, and one each for dissuading a witness by force or threat; possession of an assault weapon; evading a police officer; possession of a firearm by a felon; unlawfully driving or taking a vehicle; and escaping by force or violence.
He was being held without bail at the Santa Rita Jail in Dublin.
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