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

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