UPDATE: A jury in Alameda County has acquitted 26-year-old Harry Black of first-degree murder in the shooting death of 55-year-old James Stephens outside a smoke shop in East Oakland on January 1, 2023. However, the jury remains deadlocked on several other serious charges, leaving Black in limbo as prosecutors weigh their next move.
The split decision, confirmed by The East Bay Times, means Black will remain incarcerated at Santa Rita Jail while officials deliberate whether to pursue a second trial or negotiate a plea deal. This uncertainty follows a dramatic confrontation that also left another man, Roger Johnson, wounded.
Jurors returned a not-guilty verdict on the first-degree murder charge but struggled with the remaining counts, prompting them to send a note to the judge indicating they could not reach a consensus. Reports indicate jurors voted 11-1 against the murder charge and 10-1 on a voluntary manslaughter count, as detailed by The Mercury News.
The fatal shooting took place on the 6900 block of International Boulevard. Prosecutors allege that Black confronted Johnson, resulting in a scuffle that escalated to gunfire. Black’s defense argues he only fired in self-defense after Johnson attempted to grab his weapon.
Key to the jury’s deliberation was video footage of the incident, which they reviewed extensively alongside witness testimonies. Johnson claimed during the trial, “He just shot my friend and shot me. Why not?” indicating the chaotic nature of the confrontation.
Black has already pleaded no contest to a lesser charge of being a felon in possession of a firearm, but sentencing for that plea will be postponed until the unresolved charges are addressed. Both prosecutors and defense attorneys now face critical decisions: prepare for a second trial or strike a plea agreement to resolve the case.
The ongoing legal battle raises significant questions about the nature of self-defense and the circumstances surrounding the shooting. Jurors were also allowed to consider Black’s prior interactions with Johnson, who has a history of serious criminal charges, including a manslaughter conviction related to a 2002 armored-car robbery.
With a partial verdict in place, the fate of Harry Black now hinges on the choices made by Alameda County prosecutors and defense lawyers in the coming days. As this case continues to unfold, it remains a poignant reminder of the complexities surrounding gun violence and self-defense claims in today’s society.
