Trio charged with ex-OPD captain at gunpoint plead not guilty

DUBLIN, Calif. - The three men accused of shooting and robbing former Oakland Police Capt. Ersie Joyner pleaded not guilty on Tuesday.

The judge then set a preliminary hearing date for Marlon and Kemandre King and Joshua Hayles on March 28. 

All three were charged with the second-degree robbery of Joyner at a Chevron gas station in Oakland on Oct. 21. 

Joyner gave an exclusive interview to KTVU last month, explaining how the men approached him and stole his jewelry and threatened to kill him.

On that day, there were a total of four men who covered their faces with ski masks. Three pointed their handguns at Joyner. Hayles was the alleged getaway driver. One minute of what happened was captured on the gas station's video camera. 

Joyner said he feared for his life and pulled out his Glock 43, firing first. He emptied his gun. 

SEE ALSO: Ersie Joyner 'humbled and humanized' after surviving 22 bullet wounds in Oakland shootout

Joyner, a retired police homicide detective and commander over the Ceasefire, killed Vallejo rapper Desoni Gardner.

The three men returned gunfire and Joyner ended up surviving 22 gunshot wounds. 

Even though Joyner killed Gardner, the Kings and Hayles have also been charged with their friend's murder. 

The Alameda County District Attorney used the provocative murder act to charge the trio, which is a legal theory that says a person can be tried for the crime if their actions led to the death.

Attorney Annie Beles is representing Hayles, and she declined to comment. Kemandre King is represented by Todd Bequette, whose phone was not picking up calls on Tuesday. KTVU left a message with attorney David Bryden, who is representing Marlon King. 

All are in custody without bail. 

BONUS VIDEO: Ersie Joyner describes the moment he was shot