OAKLAND (BCN) — A judge today refused to set a low bail for a 19-year-old man who claims he acted in self-defense when he allegedly fatally shot a convicted felon outside a convenience store in Oakland’s Adams Point neighborhood in January.

Luis Alfaro is charged with murder in the shooting death of 38-year-old Alfred Nunnery, Sr. in a confrontation that occurred in the 3200 block of Harrison Street at about 9:05 p.m. on Jan. 29.

Nunnery pleaded no contest on Oct. 31, 2006, to carjacking and making criminal threats for a Sept. 13, 2004, incident in which he abducted his ex-girlfriend and their then 9-month-old son from her home on Fifth Avenue in Oakland. He was sentenced to 9 years and 8 months in prison.

Alfaro’s lawyer, Peter Fitzpatrick, asked Alameda County Superior Court Judge Paul Delucchi today to release Alfaro on his own recognizance or grant him a low bail, arguing that he acted in self-defense after Nunnery pointed a gun at him.

Fitzpatrick also said Alfaro had robbed Alfaro at gunpoint earlier in the day.

Delucchi said, “I understand there might be some self-defense issues here” but that isn’t relevant at a bail hearing because it will be up to a jury to make a decision about that when the case goes to trial.

Delucchi said Alfaro, who until now has been held in custody without bail, is legally entitled to bail. He set it at the high amount of $5 million, however, because the murder charge that Alfaro faces “is about as serious a charge as you can get.”

The judge said footage of the incident that was taken by a surveillance camera at the convenience store shows Nunnery and a man who was with him getting into an argument with a friend of Alfaro inside the store.

The confrontation continued outside the store and then Alfaro drove up in a car, Delucchi said.

The judge admitted, “There’s no dispute that Mr. Nunnery was in possession of a gun and it was out.”

But Delucchi said it appears that Alfaro started shooting as soon as he arrived at the store, saying, “It was like Quick Draw McGraw.”

He said, “Mr. Alfaro came with a purpose and he executed that purpose.”

Delucchi said if it’s true that Nunnery robbed Alfaro earlier in the day, “Maybe that’s why he was quick to draw his gun.”

Fitzpatrick said after today’s hearing that he believes the video shows that Alfaro didn’t pull out his gun when he first arrived outside the store and that he only produced it and fired after Nunnery pointed his gun at him.

Alfaro is scheduled to return to court on May 18 to enter a plea.