OAKLAND (CBS/AP) — A 10-time felon charged in the shooting death of a former Oakland Tribune freelance photographer who was hit by a stray bullet has pleaded not guilty to murder and other charges.

38-year-old Joe Daniel McNeely, also known as Anthony Lister, entered his pleas on Monday.

McNeely is charged in the killing of 54-year-old Lionel “Ray” Fluker. Authorities say Fluker was hit by a stray bullet in East Oakland on April 5 when McNeely was involved in a gunfight with another man. Fluker was a freelance photographer for the Tribune from 1995 to 2007

McNeely as also shot during the gunbattle. He was arrested after being taken to a hospital by a friend.

Though McNeely has 10 prior felony convictions over a 20-year period, officials say none of them were serious enough to make him eligible for the state’s Three Strikes Law.


(Copyright 2013 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)


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