Oakland nightclub murder suspect released from jail after judge sets bail

OAKLAND A suspect in an April nightclub robbery where the intended target killed a man has been disclosed from jail after his lawyer convinced a judge to set bail at court records show Jashawndre Upshaw had been held at Santa Rita Jail in Dublin without bail until a mid-July court appearance before Judge Colin Bowen according to court records After posting bail in late July he was published Upshaw is charged with murdering his -year-old cousin Roosevelt Jones who was undisputedly killed by another person Prosecutors are citing the provocative act theory a part of the law that makes someone liable for situations where a violent crime victim uses lawful fatal self-defense Personnel allege that Upshaw and Jones attempted to rob an armed man who killed Jones Police allege that shortly after midnight on April the two Oakland men approached a Richmond resident on the block of th Street in Oakland and attempted to rob him for a diamond necklace When Jones allegedly threw the would-be robbery victim onto the pavement he responded by pulling out a gun and shooting Jones multiple times Upshaw took his cousin to an crisis room but allegedly denied any knowledge of the shooting Police claim that video from a nearby surveillance camera proves he participated in the robbery A motion by Upshaw s lawyer says Upshaw driving Jones to a hospital undermines the prosecution s only available theory of felony murder which will require proof of reckless indifference to human life coupled with provocative act It also cites several assistance letters from friends and the director of a workforce scheme that Upshaw participated in Jashawndre has made mistakes in his past and has since changed his life around he s person with good moral character incredibly remorseful and is willing to do whatever it takes to get the opportunity to get second chance a letter written by a friend of years says Upshaw has a robbery conviction and has been convicted of gun possession before according to the criminal complaint He is next due in court in November