William Payton, 37, was shot on Jan. 11 over at the Bank of America parking lot at 2546 San Pablo Ave. in Berkeley. Yesterday, Payton died at Highland Hospital in Oakland. This makes the first murder of 2009 for Berkeley. Lee Freddy Green, a 50-year-old painter, turned himself in and is being held over at Santa Rita Jail in Dublin with what's-his-name. Alameda County prosecutors plan to amend his current charges of attempted murder to murder. No word yet on the motive.