Police say car owner Josiah Gilbert arrested after shooting and killing suspected car thief

ATLANTA - Authorities say a car owner who shot a man trying to steal his vehicle has been arrested.

Josiah Gilbert is facing felony Aggravated Assault charge. Police said those charges will likely be upgraded to murder.

Investigators said Gilbert looked out of his apartment window and saw someone trying to steal his car. That's when according to Atlanta Police Sgt. Warren Pickard, he grabbed his gun and shot the suspected car thief in the back of the head as he was running away.

Marcus Mitchell, 20, was rushed to a local hospital in critical condition but died four days later on June 27, his family said.

”I'm devastated his life had to end this way, senseless shooting, said his uncle, Typurs Mitchell.

Police said Gilbert should have called 911 and let the police do their jobs instead of taking matters into his own hands.

”The law only allows you to use deadly force if you're protecting yourself or a third party from bodily harm, injury or death, said Sgt. Pickard.

Marcus Mitchell