Oakland Murder Suspect Walks Free After Plea Deal

Prosecutors dropped murder charges against Josiah Dempsey, who was accused of killing Devonya Thurston in 2024.

Apr. 10, 2026 at 11:19pm

Got story updates? Submit your updates here. ›

An extreme close-up photograph of a single spent bullet casing on a dark surface, lit by a harsh, direct camera flash, conceptually representing the physical evidence from a deadly shooting incident.A stark, gritty close-up of physical evidence from a deadly shooting exposes the harsh realities of urban gun violence.Oakland Today

An Oakland murder case that once looked bound for trial has effectively collapsed, ending with the release of a local man who had spent years behind bars awaiting his fate. Prosecutors dropped a murder charge against Josiah Dempsey and took a plea that credited him with time already served, closing the book on a case tied to the July 1, 2024 killing of 25-year-old Devonya Thurston inside an East Oakland corner store.

Why it matters

The outcome, with a plea to a gun-possession charge and the murder count wiped off the books, spotlights the tradeoffs prosecutors sometimes make when they weigh the risks of a trial against the certainty of securing a conviction on a lesser offense. For Thurston's loved ones and some community advocates, it may land as at best incomplete justice.

The details

From the start, the prosecution leaned on surveillance video and witness accounts to support the murder charge. Defense attorneys, however, pointed to the same footage and argued it showed Dempsey trying to cool things down, including an apparent attempt to offer a handshake during the confrontation. That interpretation undercut the narrative of an intentional killing and helped drive tense plea talks.

  • The deadly shooting unfolded inside Go Go Amigo Market at 105th Avenue and E Street on July 1, 2024.
  • Dempsey pleaded no contest in December 2025 to carrying a concealed firearm.
  • Dempsey was formally sentenced on Jan. 20, 2026, to a three-year term for the gun charge.

The players

Josiah Dempsey

An Oakland resident who was accused of killing Devonya Thurston in 2024 but had the murder charge dropped as part of a plea deal.

Devonya Thurston

A 25-year-old who was fatally shot inside an East Oakland corner store on July 1, 2024.

Alameda County Superior Court Judge Clifford Blakely

The judge who narrowly found there was enough evidence to keep the murder charge alive against Dempsey at a preliminary hearing.

Got photos? Submit your photos here. ›

What’s next

Dempsey's release ends his immediate time in custody, but it does not resolve lingering questions about the killing for those who hoped to see a murder trial. As of publication time, neither the Alameda County District Attorney's Office nor Dempsey's attorney had issued public statements about the plea deal or the dropped charge.

The takeaway

This case highlights the complex tradeoffs prosecutors must make when weighing the risks of a trial against securing a conviction on a lesser charge. While it may provide legal closure for the defendant, it leaves the victim's loved ones and community advocates seeking more complete justice.