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

- Atlanta police said it was a deadly shooting over a car. Investigators said the car owner was the shooter and is now facing felony charges.

Police said Josiah Gilbert looked out of his apartment window on Candler Road and saw someone trying to steal his car. Investigators said Gilbert grabbed his gun and shot the suspected car thief as he was running away.

“He found a person he didn't know breaking into his automobile. He shot him in the back of the head,” said Atlanta Police Sgt. Warren Pickard.

Marcus Mitchell, 20, was rushed to the hospital. He spent four days in critical condition. His family said Marcus passed away Tuesday morning.

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

Mitchell's uncle said despite what police said Marcus was doing, it was not worth taking a life. They had a message for the shooter.

“You could have got that car back brother, I can't get my nephew back, I can't,” said Typurs Mitchell.

Gilbert was arrested and charged with aggravated assault. Police said those charges will likely be upgraded to murder.

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.

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