No murder charge for juvenile in shooting

April 21, 2009 4:09:37 PM PDT
A prosecutor said today he doesn't plan to charge a 16-year-old Oakland boy with murder for the shooting death of a 19-year-old man on Saturday because the details of the incident are still "pretty murky."

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However, Alameda County Deputy District Attorney Scott Swisher said he will charge the juvenile with attempted murder, assault with a deadly weapon and illegal possession of a gun for allegedly shooting a second victim, a 25-year-old man, in the incident outside an apartment in the 1500 block of East 31st Street about 5 p.m. Saturday.

Additionally, Swisher said he hasn't ruled out charging the juvenile with murder for the shooting in which Deontae Johnson was killed. "We'll keep looking," Swisher said.

But at this time "the circumstances surrounding Mr. Johnson's death are not entirely clear," he said.

The juvenile is being held at Alameda County Juvenile Hall and is scheduled to have a detention hearing in Juvenile Court Wednesday afternoon, Swisher said.

The 25-year-old man, whose name hasn't been released, has stabilized and is expected to survive, according to Oakland police spokesman Jeff Thomason.

The 16-year-old boy was arrested after police learned his identity and spotted him riding on a bus, Thomason said.

Thomason said the juvenile admitted to police that he shot Johnson and the second victim.

Swisher said it appears that the 16-year-old, Johnson and the 25-year-old man all knew each other.

He said one of the issues investigators are looking at is which of the three people involved in the incident pulled out a gun and when they did so.

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