Berkeley man shot Sunday night at Ashby Flea Market

Berkeley police responded to reports of shots fired at the Ashby Flea Market at Ashby BART on Sunday Dec. 1. BART police are spear heading the investigation. Photo: Frances Dinkelspiel

Berkeley police responded to reports of shots fired at the Ashby Flea Market at Ashby BART on Sunday Dec. 1. BART police are spearheading the investigation. Photo: Frances Dinkelspiel

A 21-year-old Berkeley man was shot and injured Sunday night at the Ashby Flea Market and Ashby BART shut down for the evening.

BART police received multiple reports of gunfire at 5:54 p.m., according to BART Lt. Paul Qwan. When BART and Berkeley police arrived on the scene, however, no victim could be found, he said. The victim later took himself to an area hospital. He is in stable condition and was conscious and could talk when police arrived, according to BART Detective Sgt. Tom Smith. His injuries did not appear life-threatening.

The incident happened at the edge of the parking lot that hosts the Ashby Flea Market, near the intersection of Ashby Avenue and Martin Luther King Jr. Way, said Smith. Police discovered multiple shell casings at the scene. Smith could not say yet whether it was a random or targeted shooting as the investigation is continuing.

BART police are asking people with any information to call the anonymous tip line at 510-464-7011 or call and talk to a detective at 510-464-7040.

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  • bgal4

    The poor management and conditions at the Ashby Thieves Market is largely to blame for this shooting at a public market. Thank goodness innocent people shopping, pedestrians on adjacent sidewalk or theater patrons at the Ashby Stage were not shot or killed.

    Compare the culture and management of the flea market at Laney College to the Ashby MESS.

    It is past time for the Flea Market board to implement effective security and limitations prohibiting stolen items specifically bikes.

  • guest

    If your bike is ever stolen the Ashby Flea Market is one of the best places to look. A lot of stolen merchandise is moved through the flea market.

  • Truth Sayer

    No! The management of the market is not at all to blame “largely” for the shooting. The thug who did the shooting is responsible. How can the market managers know or even monitor for stolen goods? Would that not be a police function to go through the market and possibly identify items that were reported stolen? Also, You were thankful that innocent people were not shot or injured. How do you know that the person shot was not innocent?

  • bgal4

    The person shot is non cooperative with police, in other words not innocent.
    the culture and climate of the market allows for the selling of stolen goods and drugs.
    the private security does not report issues to Bart police.

  • Anonymous

    Non-cooperative = guilty (aka “not innocent”)? Since when? Non-cooperative can be as much as “I don’t answer questions”, a position I wish more Americans would take, and which is protected under the fifth amendment.

    When did innocent until proven guilty die as a concept we hold dear to society?

    That said, I live a block from the shooting, and heard it out my window. I was terrified.

  • testit

    Where did it say that the victim was non cooperative? And it is a big jump to a conclusion to say that by not cooperating that the victim is not innocent. For just one example, it may be in the best interest of one’s safety or the safety of one’s family to not cooperate against organized criminals. There are many valid reasons to not cooperate and still be innocent.

  • bgal4

    I spoke with the detective, since that detail was left out of the story but implied.

  • guest

    Why not answer questions? Why not help the police find the person who SHOT YOU AND TRIED TO KILL YOU?

  • The Managers Share The Guilt

    Those who create an atmosphere that is friendly to criminal activity are partially to blame for the criminal activity that occurs under their watch.

  • Zach Franklin

    Patch is referring to this as a “gun battle” with bullets hitting a residence, a business, and a car in addition to the victim:–man-seriously-injured

  • Lora

    Thank God no one was killed! There are great vendors (I’m one of them) and flea market staff (security and office) that do as much as they can humanly do to try to provide a loving market for all to enjoy. Berkeley Flea Market is one of the best because of its diversity as well as all the excitement of the market. It’s unfortunate that there are people who are still very ill in our communities and are still taking their anger out on someone else. Be safe walking or driving anywhere today and I hope to see you at the Berkeley Flea Market next weekend. Peace and Love.

  • southberkeleyres

    If you find your stolen bike or any other stolen items at the Flea Market make sure you call the police, so it is on record. Don’t simply mention it to the vendor. Make sure Flea Market Management knows and documents the incident. Too many people accept that their stolen goods show up at the Flea Market and buy them back.
    I found my stolen plants and ceramic plant pots at a neighbors 2 blocks away. He had changed the pot on a ficus tree and put it in his front yard. I went down the driveway and saw my other stolen planted pots in his backyard. I knocked on the door and gently brought up the issue. He told me he bought them from someone pushing a grocery cart and didn’t offer to give anything back, yet he said, “I wished there was something I could do”. I asked if he would sell them back to me. He said yes. I went home to get my “wheelbarrow”. I came back with the police who waited while he brought most of my missing plants and pots to the street while his neighbors watched. I took them home, most satisfied that he had been exposed and hopefully humiliated.
    A neighbor and I both had items from our porch show up at a local second hand furniture store. I got my rocker back after telling the owner that it was mine and I had filed a police report. I filed the report for documentation in case it was needed if I later found my rocker. My neighbor just got a lame excuse that he bought her unusual and distinctive plaque at an estate sale. If he had said he was sorry and given the plaque back he would have gained some lost respect back. Neither of us will shop there again.

  • southberkeleyres

    Agreed, just as the owners and management of M and H Liquor Store on Adeline are to blame for having an employee who was observed buying stolen cell phones on multiple occasions and later arrested having about 20 phones in his possession at the time. Do not shop at M and H corner store!

  • Truth Sayer

    There is a significant difference from “largely” and “partially” to blame. Also, When you use the term ” under their watch,” it must be remembered that this phrase is used in reference to those who have the obligation, responsibility, skills, and most importantly, the resource to to address “criminal activity.” Such as law enforcement personnel. I have been to flea markets, and police patrol the area looking out for stolen goods. Again, lets put the onus on the criminal, not the management.

  • Truth Sayer

    I Googled the incident. And, saw no evidence that the person was non corporative. You automatically assumed that the person was non corporative; and guilty because of your unfounded speculation. Frankly, stating that “since that detail was left out of the story but implied” do not suggest or imply valid information was passed onto you by a detective. Why would the police release information to you when the investigation is still ongoing? Also, is it not possible that a person could be attacked without seeing the person? Truth be told, it sound like someone is blaming the victim.

  • bgal4

    BART police do not patrol the Ashby Flea Market, “so let’s put the onus” on facts.

  • You’re Not Saying Much Truth

    The managers could kick out vendors who repeatedly sell stolen goods but they do not. That is entirely on them and makes them complicit in the illegal acts that are taking place.

  • guest

    What second hand store had your stolen goods?

    I would like to know so I can boycott them.

  • Truth Sayer

    Ok, facts, the Flea Market Management is not a police organization, nor do they have the means of identifying stolen goods, much less restricting the sale of stolen goods. Truth be told, they did nothing wrong, nor can they be held legally responsible for what is sold unless it can be proven that they know that stolen goods abr being sold. You can beat around it or dance around the facts and make unfounded accusations, but nothing that you said will cause any changes.

  • Truth Sayer

    Apparently you are confusing your conjecture about this incident with the word “navie.” Cognative thinking shold be used with facts. Not reckless speculation. Ask yourself, if you were the victim of a crime, how would you feel if someone vilified you without any proof except the local street talk. In the future, I suggest that you understand the difference between gossip and facts.

  • Truth Sayer

    Here is a fact. Gunshot victims don’t always know who shot them and the shock and trauma often affect their memory. Why are you assuming that this person knows who shot him? Especially when innocent people are more likely to be shot by thugs who recklessly start shooting. I am beginning to suspect that you and bga14 have other motives for blaming the victim. Because nothing else makes sense.

  • bgal4

    Again, you are incorrect. this is my final correction to your rants, but for the general public information I will explain that some years ago the neighborhood groups leadership met with management for the purpose of reducing the selling of stolen bikes, they agreed to prohibit the sale of bikes, but did not actually implement the provision. The market hires private security, those individuals are not competent, nor do they notify BART police when it is necessary.

    see ya…..

  • No Snitchin?

    She provided you with a legitimate news source saying the “victim” was non-cooperative. What more do you want?

  • Why Defend Bad Actors?

    Turning a blind eye isn’t much of a legal defense.

  • Annie Painter

    Just a thought…if the flea market — which has been operating in that BART parking lot location for a very long time — was shut down, then those wishing to sell stolen items would no longer have that large, publicly-sponsored and condoned forum in which to fence. Maybe a six-month or one-year halt to the market, while inconveniencing honest vendors, would slow down the movement of stolen goods through our community. Under whose benign approval does the market trade, anyhow? How are taxpaying Berkeley residents benefitting? How about a thorough investigation?

  • down with free markets?!?

    How are taxpaying Berkeley residents benefitting?

    Sales tax. The local recirculation of money. The availability of many decent deals which, generally, don’t involve any stolen goods. There’s a lot of community and social scene around it. Socially it’s kind of like a food-truck event but in some ways friendlier, livelier and more diverse. It’s not everyone’s cup of tea – perhaps because it attracts a lot of poorer people and more people of color than you find at a lot of Berkeley events; and perhaps because of greatly exaggerated rumors about the level of criminality associated with it. Haters gotta hate, I guess.

  • Guest

    Most stalls are owned by minorities. Any attempt to shut down or curb the illegal activity at the market will be met with politically and personally damaging accusations of racism.

  • Truth Sayer

    A blind eye to what, you have shown no proof, only conjecture.

  • Truth Sayer

    First, you are the one who ranted about the injured person being guilty and the management being responsible. I merely address your ravings against the innocent party. So I am correct, you do have another reason to blame the victim; as you have not offered proof to any of your wild allegations. We now know your issues.