A DeKalb County man who was found guilty of shooting and killing another man suspected of breaking into his car will spend a year in jail after he was sentenced Friday afternoon.
Josiah Gilbert, 31, was found guilty last month of murder, involuntary manslaughter, aggravated assault and possession of a firearm during the commission of a crime, DeKalb court documents show. Despite the multiple felony convictions, Gilbert received a one-year prison sentence to be followed by nine years on probation.
Gilbert shot and killed 20-year-old Marcus Mitchell of Decatur in June 2017. A police report states that Mitchell appeared to be breaking into Gilbert’s car and that he was shot as he tried to flee the scene. Mitchell was taken to the hospital in critical condition.
Investigators found that Mitchell did not seem to pose a direct threat to Gilbert and he was arrested on aggravated assault charges, according to the incident report. Mitchell later died in the hospital and Gilbert’s charges were upgraded.
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