Judge plans to re-sentence defendant in Mixon murder

ALBANY — Two brothers were sentenced to probation in connection to the murder of Alex Mixon, while one of the other defendants in the case is set for re-sentencing.

Dougherty Assistant District Attorney Hal Malroz said Iren Carter and Mickee Carter, the pair who were on trial in the case last month, were sentenced on Monday by Dougherty Superior Court Judge Willie Lockette to 10 years of probation as first-time offenders.

The Carters were found guilty at trial of forgery in connection to the counterfeit money determined to be connected to the incident, for which Malroz said prosecutors and Mixon’s family were seeking 15 years in prison due to the forgery being connected to a murder.

“In this case, the judge chose to do what he did,” Malroz said. “It is irrelevant if we are happy with it or not.”

Malroz said the Carters’ convictions could be erased after three years on the condition they maintain good behavior. The brothers are also getting credit for time served in prison.

The re-sentencing will be for Jaquavious Oliver, who entered a guilty plea immediately before the trial for tampering with evidence and possession of a firearm during the commission of a crime.

Oliver was initially given a sentence of 15 years in prison, consistent with what prosecutors requested.

“The judge has decided he will re-evaluate the sentence,” Malroz said.

Malroz said Mixon’s family is anticipated to have input on the sentence for Oliver. The re-sentencing hearing is set for Nov. 4 at 3 p.m.

Mixon, 27, an employee with Loco’s Pub and Grill, was lured to a vacant house on West Broad Avenue on Nov. 24, 2018, on the pretense of making a food delivery, where he was given the counterfeit money.

Mixon was attacked and shot in the neck, and he died a short time later at Phoebe Putney Memorial Hospital. The Albany Police Department and members of the department’s Gang Unit made six arrests. All who were arrested were denied bond, and four of the individuals entered guilty pleas before the case went to trial.

Jaquarious Oliver and Jaquan Oliver entered guilty pleas, with Jaquan Oliver pleading guilty to murder and receiving life in prison with the possibility of parole. Jaylen Miller had also entered a plea.

In the end, all six either pleaded guilty to, or were found guilty of, felony charges.

The phone of Miller’s mother was used to make the order that Mixon was attempting to deliver. The gun used in the shooting was found hidden in a cereal box, and several of the defendants made incriminating statements to investigators. At least one had attempted to escape as police were entering the home to serve a search warrant, prosecutors said.

Malroz said at Jaquan Oliver’s plea hearing in September that he was a gang member. There was speculation shortly after the incident that Mixon’s death may have been gang-related.

Restitution was ordered in the case for funeral expenses as well as the damage to Mixon’s car inflicted during the attack.

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