Berkeley Man Sentenced To 30 Years To Life Prison

BERKELEY, CA — A 25-year-old Berkeley man was sentenced today to 30 years to life in state prison for the fatal shooting of another man outside of a Berkeley liquor store in 2012.

Shortly before his trial was to begin, Calvester Stewart pleaded no contest to first-degree murder on Sept. 20 in connection with the death of 24-year-old Devin Lee Whitmire of Berkeley, who was shot in the 2800 block of Sacramento Street at about 7:35 p.m. on March 29, 2012.

Stewart, who has a prior conviction for possession of a firearm, also pleaded no contest to two counts of second-degree attempted murder for a separate case two weeks later on April 13, 2012, in which he engaged in a shootout with Berkeley police officers.

When Stewart entered his plea, his defense attorney Todd Bequette said the plea agreement "is in my client's best interests" and said Stewart will be eligible for parole after serving 25 years under legislation signed
by Gov. Jerry Brown in 2015 that makes people age 22 or under eligible for early parole.

Stewart was only 19 at the time of the shootings.

A second suspect, Randall Oscar Alston, who was 18 at the time, was also charged with murder for Whitmire's death but the charges against him were dismissed after a dramatic courtroom moment in June 2012 in which the prosecution's key witness said Alston wasn't involved in the shooting.

The witness pointed at a man who was in the courtroom and said, "That's the guy who did it," according to Alston's attorney James Giller.

Authorities subpoenaed the man and took a statement from him but he was never arrested or charged.

The charges against Alston, who had been in custody since the night of the shooting and was accused of aiding and abetting Stewart, were then dismissed.

Whitmire was taken to Highland Hospital in Oakland after he was shot and was pronounced dead there a short time later, police said.

In the separate case on April 13, 2012, Berkeley police said they attempted to make a traffic stop on Stewart near Eighth and Delaware streets at about 10:40 p.m. but he fled on foot and went into a nearby apartment
building.

After they surrounded the building, Stewart came out and shot at officers but they returned fire and an officer struck him and he was taken into custody, police said.

It took Stewart several months to recover from his injuries and he made his first few court appearances in 2012 in a wheelchair.

— Bay City News; Image via Shutterstock