Guilty Verdict In Berkeley Man's Murder

OAKLAND, CA — An ex-felon was convicted Wednesday of first-degree murder for the fatal shooting of a Berkeley activist during a fight in West Oakland last December.

Jurors deliberated for less than one full day before reaching their verdict against Melvin Andrew Allen Jr., 36, for shooting 30-year-old Dominique Johnson in the vicinity of West Grand Avenue and Brush Street at about 10:30 p.m. on Dec. 23.

Allen faces a term of 50 years to life in state prison when he's sentenced by Alameda County Superior Court Judge Gloria Rhynes on Aug. 22.

Allen and Johnson got into a fight at 23rd and Brush streets at about 10:25 p.m. on Dec. 23, according to Oakland police.

A short time later, the two men got into a second confrontation about a block away at West Grand Avenue and Brush Street and Allen pulled out a handgun and shot Johnson in the chest, police said.

Allen fled the scene and Johnson died at a hospital a short time later, according to police

Allen was arrested by patrol officers in the 600 block of 23rd Street at about 1 p.m. on March 5, more than two months after the shooting, following a short foot pursuit, police said.

Alameda County prosecutor Mark Bennett told jurors in his closing argument on Tuesday that there was enough evidence to convict Allen of murder for Johnson's death.

But Allen's lawyer David Bryden said there wasn't enough evidence to prove that Allen was the person who shot Johnson and suggested that someone else might have shot Johnson.

However, Bennett said, "There's not a shred of evidence that anyone other than Mr. Allen did this killing."
Bennett also said the defense didn't produce any alibi evidence that would have shown that Allen was somewhere else at the time of the shooting.

Allen is an ex-felon who was prohibited from possessing a firearm because he was convicted of possession for sale of cocaine and cocaine base in Alameda County in September 2015, according to police.

Johnson's family set up a GoFundMe website to raise money to support his 7-year-old daughter and his two brothers but so far it has only raised $3,727 of its $8,500 goal.

The website describes Johnson as "a loved one, an amazing father and revolutionary comrade."

The site says, "His daughter and family will remember him as a deeply loving, playful father. His comrades will remember how hard he threw down in the name of black liberation."

The website says Johnson's family has experienced great loss in recent years, "namely the loss of Dom's mother in 2016 while he was serving time in the name of black resistance."

— Bay City News; Image via GoFundMe; GoFundMe is a Patch promotional partner