OAKLAND — An East Oakland resident exchanged gunfire with two burglars, killing one of them, during an attempted home invasion that also resulted in the homeowner being shot in the foot, police say.
The March 15 killing of 39-year-old Charles Calloway has now been deemed by police and prosecutors a justifiable homicide, according to court records. But Calloway’s 38-year-old alleged accomplice, David Washington, has been charged with murder under the legal theory that he provoked the homeowner who killed Calloway into using lawful self-defense.
Washington, charged on Wednesday, remains in Santa Rita Jail in Dublin without bail.
According to police, Calloway and Washington were both San Francisco residents who came to the 1300 block of 102nd Avenue in East Oakland to rob a homeowner there. They allegedly forced their way into the residence through a backdoor at roughly 10:30 p.m. on March 15, and ended up in a shootout with the resident.
The resident was later treated for his injured foot. Calloway died in the home. Washington fled the area but was identified as a suspect through “digital data, video surveillance evidence and witness statements,” police said in court filings.
When Washington was arrested in San Francisco on March 25, he denied involvement, police say.
Staff writer Harry Harris contributed reporting