Former Tribune freelance photographer Lionel Fluker. (Nick Lammers/Staff Archives)
Former Tribune freelance photographer Lionel Fluker. (Nick Lammers/Staff Archives)

HAYWARD -- Two Oakland men were convicted Monday of second-degree murder for killing an innocent bystander with a stray bullet during a shootout at a busy Oakland gas station last year.

Donel Poston, 37, and Joe McNeely, 38, were each also convicted of attempted murder for shots they fired at each other at the Valero station on MacArthur Boulevard and Seminary Avenue on April 5, 2013. Both were also found guilty of being a felon in possession of a handgun.

Oakland resident Lionel Fluker, a 54-year-old former freelance photographer for the Oakland Tribune, was shot in the forehead and killed as he was driving by the gas station.

McNeely, who has gone by the alias Anthony Lister, fired the fatal shot after he was shot and wounded several times by Poston.

Poston opened fire at McNeely after McNeely struck him during an argument outside the gas station market, according to video surveillance of the shooting.

Prosecutor Stacie Pettigrew argued at trial that both men were responsible for Fluker's death, while the defense attorneys each argued that their clients acted in self-defense.

The jury deliberated for about two days before reaching its verdicts. McNeely and Poston each face upward of 64 years to life in prison at their sentencing March 21, Pettigrew said.

Contact Malaika Fraley at 925- 234-1684. Follow her at Twitter.com/malaikafraley.



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