Office of the DeKalb County District Attorney

Stone Mountain Judicial Circuit

Sherry Boston, District Attorney


Monday, July 31, 2023

Victim Was Running Away at Time He Was Shot

Decatur, Ga.- DeKalb County District Attorney Sherry Boston announces a conviction by jury trial in the murder case against an Atlanta man accused of shooting a man who he suspected of breaking into his car.   

Jurors returned guilty verdicts Friday against Josiah Gilbert, 31, on charges of Voluntary Manslaughter, Felony Murder, Aggravated Assault, and Possession of a Firearm during the Commission of a Felony. 

On June 23, 2017, officers from the Atlanta Police Department responded to call about a person shot at an apartment on Candler Road. 

According to the investigation, Gilbert told police he had heard someone breaking into his car and grabbed his handgun.  The defendant fired at the victim, striking him in the back of the head from nearly 40 yards away.  The victim later died of his injuries. 

Gilbert is scheduled to be sentenced Friday, August 25 by DeKalb Superior Court Judge Yolanda Parker-Smith, who presided over the trial. 

The case was prosecuted by Senior Assistant District Attorney Darlene Childers with assistance from Senior ADA Andrew Turner, DA Investigator Jarrod Justus, and Victim Advocate Joycelin Campbell.  Atlanta Police Department Detective Calvin Thomas led the initial investigation.