Judge: 3 men accused robbing, shooting retired OPD captain should stand trial
Ersie Joyner returns to the Chevron where he was shot on Oct. 21, 2021.
OAKLAND, Calif. - An Alameda County Superior Court judge on Wednesday found there was sufficient evidence to hold a trial for three men accused of robbing and shooting a retired Oakland police captain this fall.
After more than two days of a preliminary hearing that began on Monday, the judge ruled Marlon Julius King, Kemandre Jacoby King and alleged getaway driver Joshua Hayles should be re-arraigned and face charges of second-degree robbery and assault with a semiautomatic firearm of veteran police officer Ersie Joyner on Oct. 21 as he was filling up with gas at the Chevron station on 17th and Castro streets.
"This is a great day," Joyner said.
MORE: Ersie Joyner 'humbled and humanized' after surviving 22 bullet wounds in Oakland shootout
The three men also face murder charges.
Even though Joyner was the one who actually fired the shot that killed Gardner, the Alameda County District Attorney used what is known as the "provocative act doctrine," which allows a crime victim to use "justifiable lethal force" against his or her attacker.
Joyner said he was defending himself as the men repeatedly pointed guns at him and threatened to kill him on several occasions.
All three men have entered not guilty pleas.
Joyner was shot at least nine or 10 times, he believes. He said the doctors don’t know for sure. What he does know is that a total of 22 bullet holes were created in his body.
He gave an exclusive interview to KTVU in January, detailing his road to recovery.
The next court date was scheduled for April 14.