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Gunman In Brazen 2023 East Bay Slaying Convicted: DA

Prosecutors say the gunman shot the victim twice while he was standing and twice more while he was on the ground.

EMERYVILLE, CA — An Oakland man who prosecutors say shot and killed another man in Emeryville nearly three years ago has been convicted, according to authorities.

A jury convicted on Tuesday found James Wheeler guilty of first-degree murder for the fatal shooting of Dexter Appleby at the intersection of 41st Street and San Pablo Avenue on May 26, 2023, prosecutors said.

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Wheeler was also found guilty of possession of a firearm as a prohibited person due to a prior felony conviction, along with enhancements for personally using a firearm to perpetrate the murder, according to the Alameda County District Attorney's Office.

Prosecutors say surveillance cameras captured Wheeler walking through Emeryville streets towards 41st Street and San Pablo Avenue before firing one shot at Appleby.

When Appleby fell to the ground, Wheeler shot him two more times, killing him, prosecutors said.

The case remained unsolved for nearly two years until a witness came forward and identified Wheeler as the person in the surveillance video, prosecutors said.

Investigators later found the murder weapon at Wheeler's home and acquired data showing cellphone towers pinged Wheeler in the area of the shooting, prosecutors said.

Wheeler had previously been convicted of manslaughter in a separate case before the Emeryville shooting. He now faces 50 years to life in prison at sentencing, prosecutors said.

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