Man sentenced to 45 years for shooting Oak Hill father who later died

A man who was 15 when he shot an Oak Hill father who later died was sentenced Friday to 45 years in prison.

James Z. Powell, now 20, shot Joel Tatro, the homeowner who told Powell he was not invited and had to leave a gathering at Tatro's home in 2019.

Powell was found guilty earlier this year of second-degree murder and aggravated battery.

Tatro was left paralyzed from the neck down and died three years later. The medical examiner ruled the cause of death as COVID-19 with complications.

Guilty verdict in Oak Hill shooting: Man found guilty of second-degree murder in Oak Hill father's death

Prosecutor at murder trial: Oak Hill man died of gunshot wound, not COVID-19

Previous coverage: Oak Hill man dies 3 years after being shot, paralyzed by teen at kids' party

Powell spoke before his sentencing and expressed his condolences to the Tatro family, who packed one side of the courtroom at the S. James Foxman Justice Center in Daytona Beach. Powell's family filled the other side.

“But this situation was never supposed to happen," Powell said. "… This was a COVID death, sir. I never had no intention of doing no harm to him.”

Powell mentioned a letter that contained false accusations against him and was worried the allegations would prompt the judge to hand down a harsher sentence.

“I’m not the person that they are trying to paint me to be,” Powell said. “I’m not a criminal. I’m not a gang member. I’m just me. I’m not a violent person.”

Because Powell was a juvenile at the time of the crime, he is entitled to a sentence review after serving 25 years at which time he could be released from prison.

Defense attorney Richard Zaleski Jr. said the encounter had spiraled out of control and escalated very quickly. He said 25 years was a severe sanction for someone who was 15 at the time of the offense. He said he was not making an excuse but offering mitigation, pointing out that a teenager's brain is not fully developed.

He also said there was a racial element as he had claimed in the trial, but which witnesses for the state denied.

“A car full of Black young men going to a party in Oak Hill; there was some racial tension there,” Zaleski said.

Zambrano said any past offenses by Powell would not be a factor.

"That doesn’t influence me anyway whatsoever because the crime itself is so egregious, so egregious and resulted in the death of a human being,” Zambrano said.

“People have a right to be safe in their own home,” he said. “Mr. Tatro was in his own home. …  And it is up to the rest of the world to respect people in their homes. You didn’t do that. I don’t know why you didn’t do that. And you compounded everything by arming yourself with a firearm. And then using it."

Zambrano also said that once released, Powell would be on probation for the rest of his life. He was barred from possessing firearms. He ordered Powell not to have contact with the Tatro family once released.

Joel Tatro's son, Wyatt Tatro, wrote a statement that Assistant State Attorney Kevin Sullivan read to the court. He wrote that the shooting left him with anxiety and took away the man to whom he went for advice on life.

Wyatt Tatro wrote that he was about to become a father himself, but can't ask his own father for guidance.

Powell's father, James Powell, also spoke saying he was sorry for the Tatro family and asking the judge for leniency.

"I know that the Tatro family has lost something that they can never get back and I'm on the verge of losing something that I can never get back," he said.

Shooting leaves Oak Hill father paralyzed

Tatro was shot early on the morning of Feb. 16, 2019, while hosting a gathering for his children and their friends at his East Church Street home. He died on March 7, 2022, at the age of 50.

While the medical examiner ruled the cause of death as COVID-19 with complications, prosecutors argued it was the gunshot that killed Tatro, who suffered health problems until his death.

Sullivan said during the trial that no one was suggesting that teenaged Powell intended to crash the party and cause trouble. According to testimony, another guest invited Powell. But Powell and his group were not invited by Joel Tatro, the homeowner, or Tatro’s son.

When Powell and his group were told to leave, Powell continued to argue that he had been invited, Sullivan said. Joel Tatro then walked out and said he owned the property and told Powell and his group to leave. But Powell kept arguing, Sullivan said.

Powell pushed Tatro and then Tatro pushed him back, Sullivan said.

Then Powell said, “You don’t know who you are (expletive) with,” Sullivan said.

Powell pulled out a 9 mm handgun, racked the slide to put a bullet in the firing chamber and shot Joel Tatro, according to testimony.

And while the defense said Powell and his group did not try to hide the car they drove that night, the gun has never been found, Sullivan said.

Sullivan also said race was not an issue in the case. Powell is Black. Sullivan said none of the state’s witnesses testified that anyone used racial slurs. And while some of the defense witnesses testified that racial slurs were used, one of the youths in the car with Powell said he never really heard it, Sullivan said.

Powell still faces another felony charge of battery on a person detained in a prison or jail. The charge stems from an incident on Nov. 21, 2019, in which Powell and two 17-year-old men beat another inmate to force him to give up his food and commissary.

The judge asked Powell if he wanted to resolve that case on Friday. But Powell declined to enter a plea and instead said he wanted to go to trial. Powell is due back in court on June 27.

State Attorney R.J. Larizza released a statement after the sentencing, saying it was an example of the gun violence at the hands of young shooters affecting communities.

"The victim suffered for several years before succumbing to his catastrophic injuries," according to the statement. "The victim’s family endures inconsolable suffering because the defendant resorted to gun violence based on his perception that he was disrespected. God bless and keep the family as they continue on with their lives.”

This article originally appeared on The Daytona Beach News-Journal: Man gets 45 years for shooting Joel Tatro who later died in Oak Hill