Oakland man convicted of murder despite shakeup over detective charged with perjury

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Oakland man convicted of murder despite shakeup over detective charged with perjury
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Bomani Busby, 23, was beaten, stabbed, and fatally shot as he slept in a vehicle in Oakland.

OAKLAND — Despite the police investigation being assisted by an allegedly dishonest detective, a 34-year-old man was convicted of first degree murder in the 2019 shooting death of a man who was asleep in his car when a group of people attacked him, court records show.

Colston was found guilty of killing 23-year-old Bomani Busby, who was shot and killed Oct. 9, 2019, on the 800 block of 77th Avenue. Colston’s three co-defendants who allegedly participated in the assault have all taken, while charges against Colston’s girlfriend at the time were dismissed due to lack of evidence.

Colston’s trial started just one day after news that one of the investigators who worked Busby’s murder — Oakland police Det. Phong Tran — had paid a witness in another case, leading to an overturned verdict for two men who’d previously been convicted of murder. Eleven days after Colston was convicted, prosecutors in Alameda County filed perjury and bribery charges against Tran, which remain pending.

The defense argued to jurors that Colston had shot Busby in self-defense based on the false belief he was about to pull a weapon, pointing to two pellet guns later found in Busby’s car as proof that Colston saw a gun-like object in or near Busby’s hand. The prosecution argued Colston killed Busby intentionally “to teach him a lesson” and pointed to surveillance showing Colston draw, aim, and shoot his gun from a few feet away.

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