oakland -- Jurors on Thursday convicted a 19-year-old Oakland man of second-degree murder for killing a Fremont man with a stray bullet at a San Leandro BART station bus stop last year.
The jury found the shooter, Jabrie Bennett, guilty of murder, but acquitted his co-defendant Andre Smith, 19, of Oakland, of the same charge after about three days of deliberation.
The prosecution argued at trial that both men were responsible for 50-year-old Kenneth Seets' death on Jan. 19, 2013, outside the Bay Fair station; Bennett because he fired the shot and Smith for allegedly instigating the gunfire by flashing a gun during an argument between the defendants' respective friend groups.
The jury instead convicted Smith of unlawful possession of a firearm.
Bennett was also convicted of attempted murder for shooting a man in Oakland two days before the bus stop shooting.
The defendants will be sentenced April 11.