Two charged with murdering a man shot by the former Oakland police captain during a robbery

OAKLAND – Two of three men charged with murdering one of their alleged accomplices in the robbery of an Oakland police officer on Oct. 21 met for their first court appearance this morning, court records show.

Marlon King and Kemandre King have been charged with murdering Desoni Djuan Lamar Gardner, 20, of Vallejo, who was shot by retired Oakland police captain Ersie Joyner during the gas station robbery. Joyner was immortally shot during a subsequent gun battle, but was hospitalized for weeks.

Neither Marlon nor Kemandre King filed a petition during their court appearance Tuesday morning, and a judge refused to bail any of the men, court records show. They are due to appear in court next December 17.

A third suspect, who was arrested in Houston, is still awaiting extradition to California, and his name has not yet been released.

The murder charge is based on the so-called provocative doctrine of action, part of state law that states that when a victim of crime uses proper lethal force against an assailant, the other perpetrators of the crime can be charged with murder. In other words, prosecutors want to hold the other alleged robbers responsible for Joyner shooting Gardner deadly.

Gardner, a rapper who went by the stage name Lil Theze, was, according to police, one of the four men who participated in the robbery of Joyner. Video surveillance shows Joyner pulling a gun at the end of the robbery and shooting several times as at least one of the robbers shoots him.

Marlon and Kemandre King were charged with assault with a semi-automatic firearm on top of the murder charges. Marlon King is also facing attempted murder.

Come back for updates.

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