OAKLAND -- Smoking a cigarette in a prohibited area in unincorporated Hayward led to the arrest of a suspect wanted on suspicion of fatally shooting a Fairfield man outside a Fruitvale district store last month, police said Wednesday.

Franklin Bean, 30, is charged with murder in the Dec. 17 slaying of Jeremy Johnson, 25, who was shot outside a store in the 2600 block of Fruitvale Avenue in Oakland. Johnson had family and friends in the area and was visiting them.

Sgt. Steve Nowak said Bean admitted to shooting Johnson but said it was self-defense. Police said Johnson had a gun on him but did not pull it out before he was shot.

Nowak said the two men were acquainted and had been involved in an angry dispute for a few months before the shooting. He did not say what the dispute was about. Bean is being held without bail and is scheduled to enter a plea Feb. 14.

Police identified Bean as the shooting suspect after the incident, and a probable cause warrant was issued for his arrest.

About 10:50 p.m. Friday night, Alameda County sheriff's Sgt. Bret Scheuller and Deputy J.D. Stewart saw a man -- later identified as Bean -- smoking a cigarette about 6 feet from the entrance of a bar on Meekland Avenue in unincorporated Hayward.

A county ordinance passed in 2009 forbids smoking within 20 feet of such an establishment and other businesses where smoking is prohibited.


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The two deputies, whose patrol duties include enforcing such ordinances, detained Bean to give him a citation, which carries a $500 fine. When they did a routine computer check, they learned about the warrant and arrested him.

Sgt. J.D. Nelson, a sheriff's spokesman, said it was the first time a slaying suspect was arrested by deputies enforcing the ordinance.

"You never know who you might come across," he said.

Staff writer Eric Kurhi contributed to this report.