OAKLAND -- Donel Poston, 37, was formally charged with murder in the killing of a former Oakland Tribune freelance photographer and will appear in court Monday for an arraignment.

Poston is the second man charged with murder in the killing of Lionel Fluker, 54, who was hit by a stray bullet as he drove through the intersection of Seminary Avenue and MacArthur Boulevard in April.

The bullet came from the gun of Anthony Lister, 38, who was engaged in a gunbattle with Poston as Fluker randomly drove by. Lister was charged with murder in the death of Fluker just days after the incident.

Poston was originally charged with only attempted-murder for shooting at Lister, however, prosecutors decided to charge him with murder to ensure someone is held responsible for Fluker's death.