OAKLAND — A 33-year-old man brought his mortally wounded cousin to a hospital, but police say he made a 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 33, died from his injuries at a hospital, a little after midnight on April 19. Upshaw is now 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 19, the two Oakland men approached a Richmond resident on the 500 block of 18th Street in Uptown 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 told police he had only heard the shooting, and didn’t know why his cousin had been wounded. Upshaw claimed he was a block away at the time, near a nightclub at Telegraph Avenue and 17th Street, authorities said.
His 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, authorities said. Police also spoke to two witnesses, 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 said.
Police arrested Upshaw on April 21, on the 2900 block of Brookdale Avenue in East Oakland, and he has been in jail without bail ever since. He’s set to be arraigned Wednesday morning, court records show.
Upshaw has a 2017 robbery conviction, and has been convicted of gun possession before, according to the criminal complaint.
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