OAKLAND — A suspect in an April nightclub robbery where the intended target killed a man has been released from jail, after his lawyer convinced a judge to set bail at $200,000, court records show.
Jashawndre Upshaw, 34, 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 released.
Upshaw is charged with murdering his 33-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. Authorities allege that Upshaw and Jones attempted to rob an armed man who killed Jones.
Police said that shortly after midnight on April 19, the two Oakland men approached a Richmond resident on the 500 block of 18th 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 emergency room, but allegedly denied any knowledge of the shooting. Police claim in court records that video from a nearby surveillance camera proves he participated in the robbery.
A motion by Upshaw’s lawyer says the fact that Upshaw drove 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 the provocative act.” It also cites several support letters from friends and the director of a workforce program that Upshaw participated in.
“Jashawndre has made mistakes in his past, and has since changed his life around, he’s a 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 10 years says.
Upshaw has a 2017 robbery conviction, and has been convicted of gun possession before, according to the criminal complaint. He is next due in court in November.
Originally Published: October 24, 2025 at 10:55 AM PDT