An ex-con is scheduled to be arraigned Friday on special circumstances murder charges stemming from the death of his alleged partner in crime when the two men allegedly attempted to rob a convenience store in Alameda last month.
Alameda police allege that 41-year-old Marc Traylor of Alameda and 42-year-old Laroy Brown of Oakland were both armed and wearing masks when they entered the Bonfare Market at 1505 High St. at about 10:30 p.m. on July 18 with the intention of robbing it.
Unfortunately for Traylor and Brown, an off-duty Alameda County sheriff's deputy happened to be at the store reading a magazine and confronted them.
Police said the deputy feared for his safety and the safety of the store's employees so he shot both suspects.
Brown was killed by the deputy but Traylor escaped, police said.
Alameda police Officer Alan Kuboyama said in a probable cause statement that Traylor showed up at a local hospital seeking treatment for a gunshot wound shortly after the shooting and his "alibi about where he was shot did not corroborate with the physical evidence."
Kuboyama said an investigation determined that Traylor was shot at the scene of the attempted armed robbery.
Although it isn't alleged that Traylor shot Brown, the Alameda County District Attorney's Office charged Traylor with murder for Brown's death under the "provocative act" doctrine in which a suspect may be tried for murder if his actions created the situation which led to a person's death.
Prosecutors also charged Traylor with the special circumstance of committing a murder during the course of a robbery.
In addition, prosecutors charged Traylor with attempted second-degree murder.
Traylor, who is scheduled to be arraigned at the Wiley Manuel Courthouse in Oakland at 2 p.m. today, is charged with having three prior felony convictions, one for selling a controlled substance and two for being a felon in possession of a firearm.
Alameda police Sgt. Jeff Emmitt said police arrested a third suspect, 41-year-old Elbert McBride, also known as Andre Lamont Jackson, on Tuesday.
Authorities allege that McBride was the getaway driver in the incident.
McBride is being held without bail at the Santa Rita Jail in Dublin on a murder warrant but hasn't been formally charged.
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