OAKLAND -- A 10-time felon accused of killing a former Oakland Tribune freelance photographer with a stray bullet during a gunbattle last month pleaded not guilty Monday.

Joe Daniel McNeely, who is also known as Anthony Lister, is accused of killing Lionel Fluker as the photographer drove past the intersection of Seminary Avenue and MacArthur Boulevard about 10:15 p.m. on April 5.

Fluker, 54, was an innocent victim who just happened to drive through the intersection as a gunbattle between McNeely and another man began, police said. Fluker was driving home after having worked out at a gym.

McNeely was shot multiple times during the battle and left the scene but was arrested at Highland Hospital where a friend had taken him for treatment of his gunshot wounds.

In fact, McNeely continued to complain Monday about his injuries and his attorney asked for a court order to ensure jailers at Santa Rita Jail will transport him back to Highland Hospital for additional medical care.

The other man involved in the gunbattle has not been found.

McNeely's defense attorney, assistant public defender Drew Steckler, declined to comment.

McNeely has a long criminal history that spans more than 20 years and includes at least 10 felony convictions for crimes ranging from auto theft to illegal possession of weapons.

None of his past crimes, however, were serious enough to make McNeely eligible for the state's Three Strikes Law.



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