OAKLAND, Calif. (AP) - Prosecutors plan to charge a second man with murder in the shooting death of an Oakland Tribune freelance photographer who was hit by a stray bullet as he drove home from a friend's house.
Donel Posten, 37, already faced an attempted murder charge in connection to the gunfight that led to Lionel Fluker's death April 5.
The Tribune reports Alameda County prosecutors made a last-minute decision to charge Posten with Fluker's murder.
Prosecutors say Posten exchanged gunfire with 38-year-old Anthony Lister, a 10-time felon, who has already been charged with murder. Investigators determined the bullet that killed Fluker came from Lister's gun.
The 54-year-old Fluker was a passerby who got caught in the crossfire.
He took freelance photos for the Tribune from 1995 to 2007.
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