May 14, 2008 9:05 pm US/Pacific
Police Now Say 1 Dead, 1 Hurt In Berkeley Shooting
BERKELEY (CBS 5 / BCN) ―
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Evidence markers on the pavement at the scene of the shooting in Berkeley.
CBS
Police said late Wednesday that a third person was involved in a shooting that killed one man and injured another just one block from the University of California, Berkeley campus on Tuesday afternoon.
Meanwhile, court records showed that the victim who was shot to death had a lengthy arrest record, including for gun and drug charges.
Maceo Anthony Smith, 33, of Berkeley was shot on the sidewalk in front of the Berkeley Art Museum and Pacific Film Archive on Durant Avenue just east of Bowditch Street about 3:50 p.m. Tuesday.
Sgt. Mary Kusmiss said that after Smith was shot, he staggered across both Durant and Bowditch and collapsed in a parking lot at 2542 Durant Ave. The lot is next to the well-known Top Dog hot dog stand at 2534 Durant Ave. Smith was pronounced dead at the scene.
Kusmiss said a second man, who she identified as a relative of Smith, drove himself to Highland Hospital in Oakland, where he was treated for non-life-threatening gunshot wounds.
Kusmiss said Wednesday that Smith's wounded relative was released from the hospital but his identity was being withheld because "he is a victim of a violent crime."
Shortly after the incident on Tuesday, Kusmiss said witnesses told police that the shooting occurred after Smith and another man got into "a verbal exchange with derogatory comments."
But she said there were conflicting reports about whether Smith fired shots at the man who shot him.
Kusmiss did say Wednesday that Smith and the second victim were shot by the same person but could not say if a suspect had been detained or identified.
Kusmiss declined to say much more about the incident on Wednesday, explaining in an e-mail that detectives worked through the night and "are pursuing some leads" and that police "will share more as soon as we are able."
According to records at the Rene C. Davidson Courthouse in Oakland, Smith pleaded no contest on June 13, 2006, to possession for sale of a controlled substance, hydrocodone, which is an opiate, stemming from an incident in which he was arrested by Berkeley police on July 20, 2005.
Alameda County Superior Court Judge Joseph Hurley sentenced Smith to three years probation, including 15 days in the county jail.
The Berkeley officer who arrested Smith said he recognized Smith from previous contacts and stopped him while he was driving a gray Honda because he suspected that Smith was driving on a suspended license.
The officer said Smith didn't stop and ran away from police but officers eventually caught and arrested him.
The officer said a woman who was in Smith's car was on probation for a previous conviction.
Court records also indicate that Smith was arrested at 54th Street and Martin Luther King Jr. Way in Oakland on April 16, 2002, for allegedly possessing two assault weapons, a Mac-90 and a Chinese SKS with detachable magazines.
Another man was arrested with Smith.
The charges against Smith were dismissed on May 19, 2004.
Court records also show that Smith had several minor cases at the Wiley Manuel Courthouse in Oakland and one case at the Hayward Hall of Justice.
(© CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed. Bay City News contributed to this report.)
CBS 5 CrimeWatch
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