In the summer of 2017, a young man's life was cut short over a suspected car break-in, a tragedy that would culminate in a contentious legal battle and a family's outcry for justice. Twenty-year-old Marcus Mitchell was shot and killed in June of that year at an apartment complex on Candler Road in DeKalb County, a suburban area of Atlanta, GA. The man responsible for his death was Josiah Gilbert.
The incident unfolded when Gilbert, then 31, heard someone attempting to break into his car.
Armed with a gun, he ran out of his apartment and confronted the individual. As Mitchell fled the scene, Gilbert fired his weapon, striking him in the back of the head from a distance of nearly 40 yards. Mitchell, who was unarmed, was rushed to a nearby hospital where he succumbed to his injuries four days later. The catalyst for this fatal encounter was a broken car window.
Following an investigation, Josiah Gilbert was arrested and charged in connection with Marcus Mitchell's death. In July 2023, a DeKalb County jury found Gilbert guilty of voluntary manslaughter, felony murder, and aggravated assault. The prosecution sought a maximum sentence of 25 years in prison.
However, the sentencing in August 2023 left Mitchell's family feeling that justice had not been served. The judge granted Gilbert first offender status and sentenced him to one year in jail followed by nine years of probation. The family expressed their outrage and pain in the courtroom, highlighting that Mitchell was running away and posed no threat when he was shot. They felt the sentence was far too lenient for the man who took their loved one's life.
