Oakland men plotted robbery outside nightclub, but the victim was armed, police say

OAKLAND A -year-old man brought his mortally wounded cousin to a local hospital but police say he made one crucial mistake When he arrived at an emergency room with his cousin Jashawndre Upshaw was wearing the same exact outfit as a man who had attempted to rob someone near a nightclub in Oakland according to police The robbery victim reportedly had a gun and shot one of his assailants identified as Roosevelt Jones Jones also died from his injuries at a hospital a little after midnight on April Now Upshaw is being charged with murdering his cousin under a legal theory that will seek to hold him liable for the actions of the alleged robbery victim Upshaw has also been charged with attempted robbery and gun possession by a felon court records show Police allege that shortly after midnight on April the two Oakland men approached a Richmond resident on the block of th Avenue 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 also allegedly armed at the time rushed his cousin to an emergency room but notified police he had only heard the shooting and didn t know why his cousin had been shot Upshaw claimed he was a block away at the time near a nightclub at Telegraph and th avenues agents reported This story was belied by surveillance footage from the area showing the second armed robber alongside Jones in the same outfit Upshaw wore at the hospital agents revealed Police also spoke to two onlookers both coincidentally or purportedly named after popular cognacs They gave limited or evasive answers about the shooting No one else was struck by gunfire but a parked car belonging to the nightclub s DJ was struck by gunfire police noted Police arrested Upshaw on April on the block of Brookdale Avenue and he has been in jail without bail ever since He s set to be arraigned Wednesday morning court records show Upshaw has as robbery conviction and has been convicted of gun possession before according to the criminal complaint