ACKERMAN— A man convicted last month of homicide in a fatal shooting at a Eupora convenience store has received the maximum prison sentence for the crime.
Circuit Judge Devo Lancaster on Tuesday, Feb. 20, sentenced Joshua Oats to serve 20 years with the Mississippi Department of Corrections. That is the maximum sentence he could receive for homicide in Mississippi.
Oats, 28, was sentenced at the Choctaw County Courthouse for shooting and killing Jordan Alexander “Al” Gaston inside the Eupora Discount Store (formerly Ja-Mac) on West Roane Avenue. Oats shot him three times with a 9mm Glock pistol following an argument over a cellphone on May 21, 2022, according to testimony presented during his trial in Webster County.
Trial witnesses testified that Gaston was unarmed and never exhibited any physical violence toward Oats that night, with the altercation between the two being verbal only before the victim was shot. Oats did not testify during the trial or at his sentencing hearing, but defense attorney Terence High argued the shooting was in self-defense.
Oats had been indicted on a charge of first-degree murder. However, the jury seated in his trial had the option of finding him guilty of that charge or the lesser included offenses of second-degree murder or manslaughter, or not guilty of any crime. The jury returned a guilty verdict on manslaughter on Jan. 12.
Lancaster imposed his sentence after hearing mitigating factors presented by the defense counsel and a moving statement by the victim’s mother.
High called Mary McCaskill Young of Kilmichael to testify on Oats’ behalf. Relating that she and Oats had worked together in community organizing, Young said he was a hard worker, was respectful and responsible. When Lancaster asked Young if she had seen the store surveillance video of the crime, she said she had not.
Addressing Lancaster afterwards, High said Oats had been gainfully employed as a bail bondsman and security guard, and had no prior felony convictions. The attorney said Oats is married with three children and had two children who died of Sudden Infant Death Syndrome. He also said Oats has sickle cell anemia.
High noted that after nine-10 hours of deliberation over 1½ days, the jury found Oats guilty of the lesser-included offense of manslaughter. High also mentioned character letters presented to the judge from Oats’ family, friends and pastor, and people he has assisted. High said Oats did everything he could to avoid a confrontation with Gaston. He asked the judge to be as lenient as possible, and recommended that he give Oats a five-year sentence with three suspended and two to serve.
Assistant District Attorney Rosalind Jourdan then called the victim’s mother, Angel Gaston, to the stand to give an impact statement. Ms. Gaston stated she was 13 when she gave birth to her son. Referring to that night nearly two years ago, she told Oats he not only took her son but the only person who loved her, and that he was her friend.
Al Gaston was a counselor at Winona Secondary School but Eupora was his hometown. He had just earned his doctorate in education a week before he was killed at the age of 29. Ms. Gaston said he was a well-educated man who wanted to make a difference.
Although Ms. Gaston told Oats he had hurt her, she said she forgave him and had been keeping him in her prayers that he would have a repentant heart.
“I only want what’s right,” she said. “I want you to serve the rest of your life behind bars so you can’t hurt anyone else.” She asked the judge to give Oats the longest sentence possible.
High briefly questioned Ms. Gaston afterwards, asking if Oats had ever assisted her in any way.
“No,” she replied angrily. “The only way he assisted me was with pain and suffering.”
The attorneys for the state and defense then gave closing statements.
“He shot an unarmed man over a verbal altercation,” Jourdan said of Oats, adding that could not be tolerated in the community. She said any mercy he should receive was shown when the jury did not find him guilty of first-degree murder, and asked the judge to give him the maximum sentence of 20 years.
High said families on both sides had been affected by the crime. He said his client could not change what happened but did not wake up the day of the shooting with the intent to murder Al Gaston.
“He did what he thought was best under the circumstances to protect himself,” said High, who had asserted during the trial that Gaston had approached Oats four times with anger and aggression before Oats shot him.
Before imposing his sentence, Lancaster stated Oats did not take the stand at his hearing to express any remorse, apologize to Gaston’s family or ask forgiveness. He pointed out, however, that Gaston’s mother forgave him based on her strong Christian background.
Referring to the video of the crime shown at trial, Lancaster indicated that he was surprised the jury found him guilty only of manslaughter instead of murder.
“You (first) shot him very close to the heart,” the judge told Oats, then twice more after the victim fell to the floor. Lancaster said Oats then stepped over Gaston’s body and told the clerk to call 911, but did credit him for not leaving the scene.
“You showed no mercy,” Lancaster said. “I’ll have no mercy on you.”
After announcing his 20-year sentence for Oats, the judge surrendered him to the custody of the Webster County sheriff for delivery to MDOC.
