OAKLAND (CBS SF) — An attorney for a man shot by Oakland police Sunday night said Wednesday that his client was seriously injured when an Oakland police officer shot him in the back, and challenged the police account of the incident, saying his client was running away and unarmed.

Police said Monday that an officer shot an armed suspect in the 2000 block of 62nd Street after he left a car suspected of being involved with a robbery in the area.

Police said they recovered a firearm at the scene.

Photo Gallery: The Shooting Of Oscar Grant

But Tony Jones’s attorney, Waukeen McCoy, said that his client was the man shot that night and that Jones denies he was armed and said Wednesday afternoon that Jones had not yet been booked on any robbery charges.

“They don’t have any evidence that he committed a robbery anywhere,” McCoy said.

Oakland police spokeswoman Officer Johnna Watson said that Jones was placed under arrest late Wednesday afternoon under suspicion of four felony charges and that those charges would be sent to the district attorney’s office.

Watson said the charges are armed robbery, an ex-felon in possession of a firearm, carrying a concealed firearm in a vehicle and carrying a loaded firearm on a person.

“We did recover a gun at the scene, there’s no dispute about that,” Watson said. She said that if Jones is not well enough to appear in court a judge will arraign him in the hospital.

grant shooting 08 Oscar Grant’s Cousin Injured In Oakland Police Shooting

Grant, a 22-year-old Hayward man who worked as a butcher at an Oakland grocery, was a father to a 4-year-old girl. (CBS)

Jones, whose cousin was Oscar Grant III, the man shot and killed by a BART police officer in 2009, was seriously injured in the shooting and was left unable to walk, McCoy said.

McCoy said that after the traffic stop, Jones left the vehicle he was in and started walking away. The vehicle sped off, and Jones ran across the street.

“When he ran across the street they shot him in the back,” McCoy said.

“The officers could not believe they were in immediate danger because he didn’t brandish a weapon or anything. In fact, he was running away from them so I don’t know why they shot him,” McCoy said.

He said that Jones underwent surgery on Monday afternoon, and is now in stable condition. But, McCoy said, “he has pain everywhere, he can’t walk, he can move his legs but he hasn’t been able to walk or urinate by himself.”

McCoy said that the family hired him to represent Jones on Tuesday, but that when he attempted to visit his client at Highland Hospital, Oakland police and Alameda County Sheriff’s deputies would not allow him to see Jones.

“They wouldn’t let me see him for seven hours yesterday,” McCoy said. “I was dealing with the police department and the sheriff’s department and they prevented me from seeing him.”

He said that during this time Jones was interrogated by Oakland police inspectors despite asking to see an attorney.

Watson said that while police may have initially denied McCoy access to Jones, it was only to verify who McCoy was and whether the family had hired him.

“We just don’t allow anyone to walk in because they say something, we have to take our time to fact-check and verify,” Watson said.

She also said that while Jones was interrogated in the hospital, if at any point he asked for an attorney, “all questioning would cease until he had legal representation there.”

McCoy said that he intends to file a lawsuit against the city of Oakland unless the city settles the case with Jones.

“We’re planning to file a claim against the city of Oakland for unnecessary and unreasonable use of force,” McCoy said.

(Copyright 2012 by CBS San Francisco and Bay City News Service. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

Comments (12)
  1. mnke says:

    “Jones….. was seriously injured in the shooting and was left unable to walk, McCoy said.

    McCoy said that after the traffic stop, Jones left the vehicle he was in and started WALKING away. The vehicle sped off, and Jones RAN across the street.

    “When he RAN across the street they shot him in the back,” McCoy said.

    sojumped out of the can and he was running away from the police?

  2. joeschmo says:

    You gotta love the press….read between the lines….he jumps out of a car, runs away from the cops, and they find a gun at the scene….put all your racism aside and put all your cop hatred aside….and contemplate the probabilities of what really happened.

  3. deadzone says:

    Hey Channel 5, the police were chasing this guy for an ARMED robbery. How are the cops supposed to know that he didn’t have a gun on him at that time? They didn’t find it till later.
    Although McCoy says the cops may not have been in immediate danger, how about the danger to the public for which you and I are a part of?
    By the way Channel 5, where is the follow up interview with Cephus? This was probably his kid.

  4. Rayboy says:

    Rotten apples don’t fall too far from the same tree

  5. Marine2 says:

    Same MO as Vallejo where Officer Capoot sacrificed his life. Don’t give these criminals a chance to harm our brave officers! Well done OPD!

  6. PLW says:

    Another innocent felon claims his innocence and his lawyer prepares another lawsuit against law enforcement and the City of Oakland…. These poor innocent family members must be outstanding citizens who are harassed by law enforcement officials. Of course this article is just the suspect’s side of the incident and the real truth will come forth in his trial……..

  7. A.N. says:

    One less thug to terrorize the streets – good job OPD!

  8. Darwin says:

    Yes, because everyone knows that OPD, being under the scrutiny it is and has been as a result of the consent decree, just don’t care and will do all sorts of crazy things like shooting people in the back because they don’t care if they are investigated. Then they wilfully and knowingly violate Miranda and deny this thug his civil rights, once again because they can. PUHHHHHH-LEASE!!! Stop watching TV and all the cop movies. Sure there are more than enough bad cops to go around, but the majority of them are trying to do a difficult job and deal with people, such as Jones, who would just as soon kill them because of the job they do, not because of what they might have done to him personally. Keep sounding the bell and eventually you will not be able to hear anything. What was that little boy, did you say something about a wolf.

  9. Rayboy says:

    I’d rather have Mehserle as a next door neighbor than Oscar or Tony and the “friends” they’d have coming around……..

  10. Warm Fuzzies says:

    Ahhh, the extended family of that sweet child Oscar Grant. The family that packs heat together (and committs crimes) stays together! Gives me the warm fuzzies all over!

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