Getaway driver gets 6 years in wild shootout that killed accomplice, injured retired Oakland police captain

OAKLAND, Calif. - The retired Oakland police captain who was hurt in a chaotic gun battle that left a suspected robber dead said Friday that he has no ill will toward the getaway driver.

"I have forgiven. I haven’t forgiven for him or anybody else, I’ve forgiven for myself," said Ersie Joyner shortly after the defendant, Joshua Hayles, 29, was sentenced to six years in state prison for robbery.

"I feel that God has blessed me with a second opportunity.  I’m busy making the best of that opportunity, and I wished him well to make the best of his opportunity when he gets a second chance," Joyner said.

In October 2021, Joyner was pumping gas at the Chevron station at 17th and Castro streets in Oakland when he was surrounded by a group of robbers.

Joyner told KTVU the men stole his jewelry and threatened to kill him. A short time later, Joyner opened fire, killing suspect Desoni Gardner. 

As the robbers were taking off in a Nissan driven by Hayles, police say Marlon King shot Joyner numerous times. He eventually recovered.

Marlon King and his brother Kemandre King are charged with robbing Joyner as well as murder in the death of their accomplice. Their cases are pending.

Judge Thomas Reardon had previously dismissed a murder charge against Hayles.

Judge Morris Jacobson, who presided over the sentencing, said although Hayles didn't fire a gun, this was "as serious as a robbery can be." Investigators said Hayles fled to Texas and told the owner of the Nissan he drove to report it stolen.

Joyner said he appreciates the judge, the DA and Hayles’ attorney, Annie Beles. 

WATCH: Ersie Joyner describes the moment he was shot

"This is a young man who will succeed in life," Beles said. "We knew that there was a possibility that it would be the maximum. It was the maximum, but I have every confidence that Josh will enter back into society and be a contributing member."

Joyner had this message for Hayles, "We are more alike than different, and if we have the opportunity to cross paths again, I most certainly hope it will be under different circumstances."