Frank Avery, an 18-year-old from Hayward with ties to Oakland, was found fatally shot on June 23, 2017, in East Oakland. The incident occurred around 3:57 p.m. when Avery was discovered inside a stolen vehicle that had collided with several other cars at the intersection of Seminary Avenue and Foothill Boulevard. An Alameda County sheriff’s deputy was the first to arrive at the scene and attempted to provide first aid, but Avery was pronounced dead shortly after.
The vehicle Avery was in had been reported stolen from Vacaville, and police were working to determine the exact location of the shooting using ShotSpotter alerts, including one in the vicinity of 77th and Bancroft avenues.
The investigation into Avery's death revealed that he was shot while driving, but no motive was initially determined, and no arrests were made immediately following the incident. The Oakland Police Department and Crime Stoppers of Oakland offered a reward of up to $10,000 for information leading to the arrest of a suspect. Despite these efforts, the case remained unsolved for some time.
In a significant development, two men were later implicated in Avery's murder. Isaiah Scott and Keith Lamont Smith were both sentenced to five years in state prison for their roles in the fatal shooting. Scott agreed to cooperate with the prosecution and testified against Smith during a preliminary hearing in February 2018. According to Scott's testimony, he was in the car with Avery and another man when Smith pulled up alongside them and fired into their vehicle, striking Avery. Scott also admitted to later shooting at a woman who had been mentioned as having "problems" with one of his friends, although he denied firing back at Smith during the initial shooting.
Smith's defense argued that another individual in the car had identified a different man as the shooter and that this person had previously threatened Avery. Despite these claims, both Scott and Smith ultimately pleaded no contest to their respective charges—Scott to attempted murder and Smith to assault with a firearm. They were both released from jail after serving their sentences, which were deemed complete due to time served in pretrial detention.
The case of Frank Avery's death highlights the complexities and challenges of solving violent crimes, particularly when multiple individuals and conflicting testimonies are involved. The resolution of this case through plea deals and the cooperation of one defendant against another underscores the often intricate nature of criminal investigations and the legal proceedings that follow.
