Man now faces murder charges after Oakland shooting victim dies

OAKLAND >> A parolee whose distinctive clothing helped lead to his arrest has been charged with murder and other crimes in the fatal shooting of a man who died Nov. 25, three weeks after he was shot while sitting in a car with another person outside a relative’s home in East Oakland, according to authorities and court records.

Jason Hathorn, 38, of Hayward is charged in the death of Terrell Andre Graham, 35, who had addresses in both Oakland and Fremont. He died at a hospital where he had been in grave condition since the Nov. 2 shooting in the 5000 block of Melrose Avenue.

Police have not yet been able to determine a motive for the shooting or whether the two men knew each other.

Hathorn had been arrested Nov. 8 in the shooting and already was facing prosecution before Graham’s death.

He now is charged with murder; willful, deliberate premeditated attempted murder; shooting at an occupied vehicle; two counts of assault with a semi-automatic firearm; and possession of a firearm with a prior conviction. The charges include special allegations that he was on both parole and probation when the shooting happened.

According to court documents, Hathorn was convicted of second-degree robbery in both February of 2011 and September 2006 and received prison terms for each conviction. He was also convicted of being a felon in possession of a firearm in November 2019 and was placed on probation.

Court documents say Graham and another person were sitting in a car about 2:09 a.m. Nov. 2 on Melrose Avenue when someone approached the vehicle on foot and began shooting at them with a rifle from about 10 feet away. Graham was hit multiple times, but the other occupant was not hurt.

The documents say video surveillance from various locations captured the actual shooting and the “distinct clothing” — a hooded sweatshirt with a distinctive design — worn by the shooter. The footage also shows the shooter arriving in the area about 10 minutes before the attack and “lying in wait,” watching the victims from around a corner for about 10 minutes before approaching them and opening fire.

Hathorn was identified as the suspect by multiple persons who had prior contact with him and viewed the video, the documents say.

He was being held without bail at Santa Rita Jail and was scheduled to enter a plea to the amended charges Wednesday.