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Arrest made in slaying near UC Berkeley
By Kristin Bender
Oakland Tribune
May 16, 2008

By Kristin Bender

Staff Writer

BERKELEY "” Police have arrested and charged a man in connection with Tuesday's murder of Maceo Anthony Smith, a father of three, near the University of California, Berkeley, campus.

Nathaniel Curtis Freeman, 19, of Berkeley, turned himself in to Berkeley police Wednesday afternoon after police searched his parents' Berkeley home and found a message on the telephone answering machine from Freeman, alluding to his involvement in the crime, sources close to the case said Thursday.

Freeman was with an attorney when he surrendered but refused to be interviewed by police, said police spokeswoman Sgt. Mary Kusmiss. He has been charged with one count of homicide and one count of assault with a deadly weapon, police said. He remains in the Berkeley City Jail on a no-bail hold and is due in court for an arraignment today.

Smith, 33, a longtime City of Oakland employee, was shot multiple times following a verbal altercation in a parking lot in the 2500 block of Durant Avenue near Bowditch Street, about a block from the UC Berkeley campus.

Another man "” an acquaintance of Smith's "” also was shot. That man, whose name was not released, drove himself to Highland Hospital in Oakland and was treated and released, police said.

The killing at 4 p.m. Tuesday was the second near the UC Berkeley campus in 10 days. Popular UC Berkeley nuclear engineering senior Christopher Wootton, 21, was stabbed to death in front of the Chi Omega sorority house in the 2400 block of Warring Street, just south of campus, in the early hours of May 3. Within 12 hours, police arrested Berkeley City College student Andrew Hoeft-Edenfield, 20, in connection with the slaying. Hoeft-Edenfield has been charged with murder and remains jailed.

The details leading up to Smith's slaying were not entirely clear Thursday as police continued to investigate the case. But Kusmiss said a "minor argument'' between Freeman and the man who was wounded preceded the shooting. Police said the injured man called Smith, asking for his help after the argument with Freeman broke out on Durant.

By many accounts from friends, relatives and co-workers, Smith was dedicated to his wife and three boys, coaching sports and giving his all while on the job for Oakland's Parks and Recreation Department.

"Our department is suffering a great loss,'' said Melvin Landry, recreation supervisor for the city of Oakland. "Maceo was the type of guy who was always there to lend a helping hand. He worked with the kids, he volunteered with the kids in Berkeley and West Oakland. He worked all over the city so he touched people in many different departments.''

Smith was a coach for the Berkeley Cougars football team and the nonprofit basketball team, the Dominators, which he started, said his sister Keyanna Smith, 30, of Berkeley. The Dominators held a game at the Oakland YMCA on Thursday night in his memory.

Todd Walker knew Smith through the Berkeley Cougars, where Smith coached for five years, he said.

"He was a great guy,'' Walker said. "He really loved kids. He coached sports year round. His three sons and his wife were his best friends. He was an all-around great guy, and it's a horrible loss to a lot of kids and the community.''

While Smith was clearly dedicated to helping children -- including his own boys, ages 7, 9 and 13 -- he had a criminal past.

Court records show arrests for guns and drugs over the past eight years, but no felony convictions. Smith worked as a part-time parks maintenance worker for the city of Oakland -- a job that cannot be held by a felon, Landry said.

Landry said whatever problems Smith may have had in the past did not reflect on his current work.

"If everybody was judged on their past, then (no one) could ever move forward,'' Landry said. "Before we even hired him, Maceo was volunteering. He's been with me for the last 14 years. Whatever has happened in the past has already happened. We want to talk about what's going on in the present. The people that he worked with have seen him as a positive influence and they are going to miss his smile and the way he would greet people."

A wake is scheduled from 5 to 7 p.m. Tuesday at Baker Mortuary, 980 8th Street in Oakland. A funeral will be held at 11 a.m. Wednesday at Beth Eden Baptist Church, 1183 10th St. in Oakland. Burial will be immediately following. A reception will be held at San Pablo Park, 2800 Park St. in Berkeley.

A trust fund has been set up for Smith's children. Donations to the Maceo Smith Family account can be made at the People's Credit Union in Oakland. The routing number for the account is 121181921.

Police said they made the arrest with the help of UC Berkeley police and many witnesses who came forward. Anyone with further information about the shooting should call 510-981-5900.

Staff writer Paul T. Rosynsky contributed to this story. Reach Kristin Bender at kbender@bayareanewsgroup.com or 510-208-6453.

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