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Two Ex-Cons Charged With Murder In Oakland December Slaying

OAKLAND (CBS SF) -- Two ex-convicts, including one who allegedly wasn't following shelter-in-place orders, appeared in court on murder charges on Tuesday for allegedly fatally shooting a man in East Oakland last December.

Franklin Ervin, 23, of Oakland, and Miller Jernigan, 24, of San Francisco, were scheduled to return to court on Friday to be assigned
attorneys and possibly enter pleas for their alleged roles in the shooting of Corey Clay, 19, of Oakland, in the 900 block of 69th Avenue near Spencer Street shortly before 10 a.m. on Dec. 3.

Clay was wounded in the shooting and taken to a hospital but was pronounced dead there a short time later, police said.

Investigators determined that the suspects' vehicle was a white Infiniti and connected Ervin and Jernigan to it but arresting Ervin, who has two prior convictions in San Francisco for second-degree burglary, proved difficult, Oakland police Officer Gloria Beltran wrote in a probable cause statement.

Officers first tried to arrest Ervin in the 1700 block of 82nd Avenue on March 9 but Ervin was able to escape them by driving away at a high rate of speed in a gray BMW.

The next day police interviewed Jernigan, who was in custody in San Francisco for an unrelated weapons offense, and he later was arrested on suspicion of murder in connection with Clay's death and transferred to the Santa Rita Jail in Dublin.

An officer spotted Ervin again in Oakland on March 20 in a gray 2013 Infiniti, which he drove into San Francisco, where officers tried to stop himbut he drove off and led officers on a chase onto the Bay Bridge.

Officers caught up to the Infiniti, which was found abandoned on the bridge near Treasure Island and it appeared to have been involved in a crash with heavy damage to its front, Beltran wrote. Officers found a loaded 9 mm pistol inside the car, she said.

Video surveillance showed Ervin walking away from the Infiniti and toward cars that had slowed down because of the crash and he allegedly attempted to carjack several of them before he eventually successfully carjacked a vehicle and escaped yet again.

However, officers from Oakland and San Francisco finally found Ervin and his girlfriend at a restaurant in Vallejo on March 26, where he was arrested.

When investigators interviewed Ervin he denied being involved in any of the offenses, according to Beltran.

In addition to murder, Ervin is charged in a criminal complaint filed last week with two counts of evading police and four counts of attempted carjacking. He's also charged with being an ex felon in possession of a firearm and carrying a loaded firearm in a city.

Ervin's girlfriend Misdymon Jermaine is charged with being an accessory after the fact for allegedly helping him avoid authorities.

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