Retired Calif. Captain Out of Hospital Nearly Month after Shootout

The retired Oakland police captain injured in a deadly shootout last month has been released from the hospital and is continuing to recover from a gunshot wound, police said Wednesday.

Ersie Joyner had been in critical condition on Oct. 21 after fatally shooting one of three assailants who ambushed and robbed him as he pumped gas at a downtown gas station. Joyner was shot himself during the incident and underwent surgery at Highland Hospital.

On Wednesday, Oakland police chief LeRonne Armstrong told The Chronicle that Joyner had been discharged from the hospital and was recovering.

"He is doing better," Armstrong said. "He is recovering fairly well."

Armstrong added that two of the assailants involved in the incident had not yet been identified and urged the community to send tips.

"We are still seeking tips," he said. "We need the community's help."

One of the assailants, identified as Desoni Djuan Lamar Gardner, a 20-year-old Vallejo resident, was shot and killed by Joyner during the robbery.

The incident occurred around 1 p.m. at a Chevron station just off the Interstate 980 near downtown Oakland. The incident was captured on surveillance video and showed three men exit a black sedan near one of the gas pumps. The three men that went up to Joyner, who was standing at an adjoining pump putting gas in a white Porsche, and robbed him.

Joyner then pulled out a gun and shot two of the men. One of the men who was shot ran back into the vehicle. Gardner fell to the ground after he was shot. Joyner walked to the other side of the gas pump with his gun drawn, but fell to the ground after appearing to be shot.

Armstrong previously said that Joyner was "lawfully permitted to carry a gun."

Under California law, a person can claim self-defense if they reasonably believed they or someone else were in imminent danger of being killed or badly injured, or if they were in danger of being the victim of forcible crimes. The law states that the person is not required to retreat.

Joyner is well known for his role in overseeing the city's Ceasefire program, which works to reduce violence through support services. He has most recently turned to operating cannabis businesses.

Staff writer Rachel Swan contributed to this story.

Sarah Ravani is a San Francisco Chronicle staff writer. Email: [email protected] Twitter: @SarRavani

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