Slaying suspect Devaughndre Broussard, left, appears in court for a preliminary hearing on Nov. 21, 2007, with Deputy District Attorney John Jay. (Joan Lynch)

By Paul T. Rosynsky, Chauncey Bailey Project

OAKLAND — A day after Your Black Muslim Bakery handyman Devaughndre Broussard was arrested on suspicion of killing Oakland Post Editor Chauncey Bailey, he called a friend from jail and said the bakery made him take the fall for the crime.

During an eight-minute conversation with a person he called “Unc,” Broussard, 20, said bakery leader Yusuf Bey IV, 21, left him alone to take the fall. Later during the conversation, Broussard began to cry after the caller reprimanded him for joining the bakery.

The tape recordings were played Wednesday morning during a preliminary hearing for Broussard, who is charged with murder in connection with the Aug. 2 slaying of Bailey. A preliminary hearing is held before a judge decides if the police and prosecution have enough evidence to proceed to trial.

Alameda County Superior Court Judge Robert McGuiness found there was enough evidence and ordered Broussard to trial. McGuiness came to that conclusion after listening to two tape recordings of phone calls Broussard made from Santa Rita jail, as well as a taped police interview in which Broussard confessed to the murder and several witnesses who said they saw the shooting.

While much of the evidence presented during the hearing has already been released to the public by Broussard’s attorney, LeRue Grim, the jailhouse tapes were new. And in both conversations, Broussard appeared to admit involvement in the crime.

“You ain’t never gonna see me again. They got me for murder,” Broussard said on the taped call with “Unc,” whose identity was not revealed in court.

Broussard, arrested Aug. 3 in a raid on the bakery, told the man he was doing well in the police interviews and didn’t say anything about the murder until he was tripped up when Bey IV entered the interview room and told police that Broussard was guilty of the crime.

“They brought (Bey IV) in and he told the (police) what happened in my face,” Broussard said. “He told them that I did that on my own will.”

The man on the tape admonished Broussard and told him to keep quiet about the crime. He said Broussard should have never joined the bakery.

“I told you … to leave these (expletive) Muslims alone,” the man said. “These (expletives) weren’t even doing anything for you. They weren’t even taking care of you.”

Broussard began to cry and said the man was the only person he had left to talk to.

When the man asked if Broussard admitted the murder to police, Broussard said, “I had to.”

At that point, the other man began to scream.

“No, you didn’t, you stupid ass (epithet),” the man said. “There is nothing we can do now.

“Why would you let another (expletive) send you to go do something,” the man said.

But Broussard said that before he confessed to police, he was denied his rights to an attorney.

“I said I wanted an attorney and they said ‘you ain’t getting (expletive),'” Broussard said.

Grim tried to argue in court the tape recording of Broussard’s confession to police should not be admitted into evidence in the case because his client wasn’t properly given his rights.

But the judge disagreed and said Oakland police Sgt. Derwin Longmire properly read Broussard his rights and had him sign a waiver form relinquishing those rights.

In another recorded phone conversation with a woman, Broussard talks about how all the other bakery members arrested during the Aug. 3 police raid appeared to be facing lesser charges than him. Five other bakery members are facing charges for kidnapping and torture in cases stemming from the raid.

In that call, also played in court, a woman who appeared to be a member of the bakery explained to Broussard police trashed the San Pablo Avenue store during the raid and took many items into evidence.

Broussard told the woman Bey IV told him that he would take care of Broussard if he agreed to tell the police about the Bailey murder.

“I saw Yusuf, he told me to give it up. He told me to tell what happened,” Broussard said to the woman. “He told me he was going to get me a lawyer and whatnot.

“He said the bakery can’t go down for this,” Broussard continued.

Deputy District Attorney John Jay also played a tape of a confession Broussard made to police in which he said he killed Bailey because he wanted to be a good soldier.

Several witnesses also testified, saying they saw a man outfitted in black clothing and a ski mask running along 14th Street in downtown Oakland the morning of the shooting. Three of the witnesses said they saw the man shoot Bailey three times.

After the hearing, Grim maintained his clients’ innocence and said Broussard was confused during the conversations and easily manipulated.

“You can hear his anguish, he was confused,” Grim said. “Just keep an open mind until you hear the whole story.”

It’s a story Grim said will be revealed during the trial that he expects to begin in the summer.