The preliminary hearing of a man charged with the March 29 killing of Devin Whitmire will begin Tuesday morning at the Rene C. Davidson Courthouse in Oakland.
Calvester Stewart, 19, was first charged May 8 with the alleged March 29 murder of Devin Whitmire, 24.
According to Berkeley Police Department spokesperson Sgt. Mary Kusmiss, the case is no longer in the hands of the department, and the district attorney’s office will now decide what happens in the Stewart case following court proceedings.
Whitmire was fatally shot on the night of March 29 at the corner of Oregon and Sacramento streets in South Berkeley in the city’s third homicide this year.
Berkeley resident Randall Alston, 18, was also charged in connection to the shooting of Whitmire but pleaded not guilty on April 9 to one charge of felony murder.
Stewart is also the main suspect in another April 13 shooting involving police and is being held without bail on suspicion of attempted murder of five police officers, according to a May press release issued by the Berkeley Police Department.
Stewart also previously appeared in court on April 23 for an alleged probation violation.
Both Stewart and Allston are being held in Santa Rita Jail in Dublin without bail, according to Alameda County Deputy District Attorney Teresa Drenick.
Anjuli Sastry is an assistant news editor.