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Man charged with murder in Hayward pot club heist
Oakland teen was with group staking out dispensary when he was shot, detectives say

Ricci Graham Daily Review

Hayward, CA Aug 24, 2005 -- An 18-year-old Oakland man who was arrested last week at the scene of a cannabis club robbery that left one of the men dead was formally charged with first-degree murder on Tuesday.

Jarrell McKneely also was charged with one count of robbery and ordered held without bail by Superior Court Alfred Delucchi during a hearing at the Hayward Hall of Justice. McKneely is scheduled to return to Delucchi's courtroom today to enter a plea and to have a public defender appointed.

McKneely was chased down by an employee of A Natural Source marijuana clinic at 16360 Foothill Boulevard and subsequently taken into custody by Alameda County sheriff's deputies following the midmorning robbery and shootout at the clinic last Friday.

DeMarco Lowrey — an 18-year-old Oakland man who detectives said was among the group of five to six men who staked out the club and then stormed the establishment as the owner and an employee were preparing to open — was shot in the stomach by the owner during an exchange of gunfire as the suspects attempted to flee.

Lowrey later died after being dropped off at Children's Hospital in Oakland about 35 minutes after the robbery, authorities said.

Deputy District Attorney Roy Scheingart said state law "provides for criminal responsibility when a death occurs during the commission of the robbery, whether or not the defendant did the shooting."

Sgt. Scott Dudek, a homicide investigator with the sheriff's department, said the robbers drove around for 35 minutes, traveling "20-something" miles, while Lowrey bled to death inside the car.

"They passed up three hospitals, including a trauma center," Dudek said. "They were more interested in avoiding capture."

According to an investigative report filed with the court, Lowrey, McKneely and three or four other hooded men waited outside theclub until the owner and employee had settled in. They then jumped over the patio fence, entered the club through the unlocked rear door and ordered the men to the floor.

A man who was armed with a rifle forced the owner to open the safe. The robbers emptied the safe and stuffed jars of dried marijuana and marijuana plants into black plastic garbage bags before fleeing through the back door.

As the robbers ran though through the rear lot, the owner grabbed his gun from the safe and confronted the men, yelling 'Freeze." At that point, the owner told deputies, one of the men turned and opened fire. The owner fired back, striking Lowrey.

The men then drove to Children's Hospital Oakland and flagged down two paramedics to retrieve a dying Lowrey, who was wearing only one shoe, before driving away. Deputies found Lowrey's other shoe behind the club, the report said.

McKneely's mother, who asked not to be identified, professed her son's innocence following his arraignment. "My boy didn't do that," she said. "That's not his character."

The police report claimed McKneely gave a taped confession "to being in on the planning and execution" of the robbery.

Dudek said McKneely had been relatively cooperative. "He has worked with us somewhat but not entirely," Dudek said.

Dudek said detectives expect to round up the other suspects in the coming days. "I'm confident that in a week or so there will be more arrests," Dudek said.