Gunman Convicted in 2023 East Bay Slaying

James Wheeler was convicted by an Alameda County jury on May 19 of first-degree murder in the 2023 shooting death of Dexter Appleby in Emeryville, according to the Alameda County District Attorney’s Office. Prosecutors said Wheeler, an Oakland man, also was convicted of possessing a firearm as a prohibited person and of enhancements for personally using a gun in the killing. The case centered on the May 26, 2023 shooting at the intersection of 41st Street and San Pablo Avenue. District Attorney Ursula Jones Dickson said the verdict followed a two-year investigation that turned when a witness identified Wheeler in surveillance video. ### Who was convicted, and in what killing? James Wheeler was found guilty in the fatal shooting of Dexter Appleby, the district attorney’s office said. The office said Appleby was killed in Emeryville on May 26, 2023, at 41st Street and San Pablo Avenue. The May 19 verdict covered first-degree murder, a firearm-possession count tied to Wheeler’s prior felony conviction, and gun-use enhancements, prosecutors said. Local outlet The E’ville Eye identified Wheeler as a 44-year-old Oakland resident, while KRON reported him as 45. The district attorney’s office did not list his age in its release. ### What did jurors hear about the shooting itself? Two eyewitnesses testified that the gunman shot Appleby once while he was standing and then twice more after he was on the ground, according to the district attorney’s office. KRON, citing prosecutors, reported the same account and said Appleby was 34. Surveillance video from the night of the killing showed Wheeler walking toward the area of the shooting, prosecutors said. (da.alamedacountyca.gov) The district attorney’s office said those images became a key part of the case once investigators had a name to match to the footage. ### How did detectives solve a case that sat for two years? The case remained unsolved for about two years until a witness came forward to Emeryville police and identified Wheeler in surveillance video, the district attorney’s office said. The E’ville Eye reported that the witness was a relative of Wheeler. Investigators later found the weapon used in the killing in Wheeler’s home, according to prosecutors. The district attorney’s office also said Wheeler’s cellphone connected to several towers in the area at the time of the murder, evidence inspectors used to place him near the scene. (da.alamedacountyca.gov) The E’ville Eye separately reported that the gun had been recovered by Oakland police months earlier and was later tied to the homicide. ### What did the district attorney say after the verdict? Ursula Jones Dickson said in a statement that she was grateful for law enforcement’s work in solving the case and said her thoughts were with Appleby’s family. The district attorney’s office described the verdict as the result of work by Emeryville police, homicide detectives and county investigators. The May 21 statement did not include comment from Wheeler or a defense lawyer. (da.alamedacountyca.gov) Court records and a defense response were not immediately available in the materials reviewed. ### What else is known about Wheeler? The district attorney’s office said Wheeler had previously been convicted of voluntary manslaughter in a separate Oakland homicide case. KRON reported that conviction stemmed from the fatal shooting of Johnny Johnson Jr. outside a Taco Bell in November 2023 and that Wheeler was later convicted on the lesser manslaughter count rather than murder. That prior conviction mattered in the Emeryville case because prosecutors also charged Wheeler with possessing a firearm as a prohibited person due to a prior felony conviction. (da.alamedacountyca.gov) The jury convicted him on that count, the district attorney’s office said. ### What happens next in court? June 10 is Wheeler’s scheduled sentencing date, according to KRON. The district attorney’s office said he could be sentenced to more than 50 years to life, while KRON reported a maximum of 50 years to life. Wheeler remains in custody awaiting sentencing, KRON reported. The next public milestone in the case is that June 10 hearing in Alameda County Superior Court. (da.alamedacountyca.gov)