Sentencing for man who murdered suspected car thief in DeKalb County
DEKALB COUNTY, ga. - A man convicted of murder after shooting someone trying to break into his vehicle learns how much time he'll spend in jail. Josiah Gilbert was sentenced Friday after the fatal shooting in 2017.
"I can't feel the love from my grandson, I can't hear his laughter, I'm truly heartbroken," said Kimm Burkes, the grandmother of Marcus Mitchell.
In 2017, Atlanta Police said 20-year-old Marcus Mitchell was trying to steal a man's car outside an apartment complex on Candler Road. Investigators say that's when the owner of the car, Josiah Gilbert, grabbed his gun and shot Mitchell in the back of the head as he was trying to run away. Medics rushed Mitchell to the hospital where he later died.
Josiah Gilbert appears in a DeKalb County courtroom to learn his sentence in the murder of 20-year-old Marcus Mitchell on Aug. 25, 2023. (FOX 5)
The prosecution says Gilbert could have called the police, instead he chose to shoot Mitchell.
"When he got shot he was running away, 38 yards away ,he posed no threat, he was unarmed, he was killed over a broken car fender," said DeKalb County Asst. District Attorney, Darlene Childers.
Last month, a DeKalb County jury found Gilbert guilty of voluntary manslaughter, felony murder and aggravated assault.
Gilbert made a brief statement in court. "I express my condolences to the family and everybody involved in the incident," said Gilbert.
The prosecution asked he be sentenced to the maximum of 25 years. Superior Court Judge Yolanda Parker-Smith gave Gilbert first-offender status and sentenced him to 1 year in jail and 9 years on probation.
Mitchell's family is outraged.
"It's not fair, he was chased, shot in the back of his head. It’s not justice," said Marlisha Mitchell, Marcus' sister.