BERKELEY — Criminal charges have been filed against two men in what police believe was a gang related shoot-out last October that left one of them wounded and some buildings, including a fire station, hit by gunfire, according to authorities and court records.
The man wounded, Arturo Avalos, 34, of Oakland, has been charged with possession of a firearm by a felon, discharge of a firearm with gross negligence, carrying a concealed firearm on his person and carrying a loaded firearm in public. He has a 2014 prior felony conviction for second degree robbery, for which he received probation.
As of Wednesday morning, Avalos was not in custody; he was expected to report to court Jan. 31, according to court records.
Omar Gonzalez, 31, the man suspected of shooting Avalos, has been charged with assault with a firearm, discharge of a firearm with gross negligence, carrying a concealed firearm on his person, carrying a loaded firearm in public and possession of a firearm by a felon. His prior conviction was not listed in court documents.
Gonzalez was arrested Jan. 15 in Union City and was being held in lieu of $90,000 bail. He declined to speak to investigators, the court records say.
The charges against the two stem from what police described as a shoot-out between them that happened about 2:30 p.m. Oct. 24, 2024 at the intersection of Berkeley Way and Henry Street. Multiple shell casings from two different guns were found at the scene, but no victims. Four unoccupied vehicles, the wall of an apartment building and a wall of Berkeley Fire Station 2 were hit by stray bullets, court records say.
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Avalos showed up later that day at a hospital, where he was treated for wounds to his lower extremities.
Police said based on their investigation, which included a review of video surveillance and other evidence recovered at the scene, it appeared the shooting “stemmed from a gang related dispute.”
Avalos was initially arrested Nov. 21 on a probable cause warrant but was not formally charged at the time.
Gonzales was subsequently identified as the other shooter. Formal charges against both men were filed Jan. 16, the day after Gonzalez was arrested.
