THOMASVILLE, Ga. — A Thomas County grand jury has determined an August 2017 officer-involved shooting was justified. 

Southern Judicial Circuit District Attorney Brad Shealy presented the case to a grand jury Wednesday. The  presentment was returned in Thomas County Superior Court Thursday morning to presiding Judge Frank Horkan Jr. 

“I agree with the decision of the grand jury,” Shealy said. “The grand jury found the shooting was justified under the law, based on the facts of the case.” 

The presentment was for the jury to hear the case of former Thomas County drug squad agent Josh Smith’s fatal shooting of Herbert Gilbert on Aug. 15, 2017.

“While the death of Mr. Gilbert is tragic, we find that it was justified under the law,” grand jurors stated in their presentment. “Accordingly, we recommend that no further action be taken in this matter.” 

The shooting

On the day of the shooting, the Thomas County/Thomasville Narcotics/Vice Division was attempting to serve a warrant on Gilbert at his Magnolia Street residence.

Drug squad commander Louis Schofill received complaints from the Thomasville Police Department regarding drug activity at Gilbert’s address a few days prior to the incident, according to the presentment. 

Schofill, Smith and three other drug agents executed the warrant. Prior to serving the warrant, the drug squad devised an “operational plan,” the presentment stated. 

Agents showed up at the Magnolia Street residence in an unmarked car, each wearing safety vests and all agents wore body cameras. 

Agents made their presence known at the residence, with Schofill arriving shortly after.  

Gilbert was parked in a Ford Explorer in an adjacent driveway and Schofill saw him attempting to leave, according to the presentment. The drug squad commander pulled in front of Gilbert’s vehicle and turned on the vehicle’s sirens. 

Agents left the residence because of the sirens. 

An agent attempted to get Gilbert out of the vehicle. 

“No force of any type was used by the officers,” the presentment stated. 

Gilbert then “reversed his vehicle and then accelerated forward,” hitting Schofill’s vehicle in an attempt to flee. Schofill also accelerated, attempting to stop Gilbert.  

Gilbert was able to turn his vehicle around to face Magnolia Street, and Schofill remained with his vehicle positioned “to prevent (Gilbert’s) continued fleeing,” the presentment stated.  

Gilbert was stopped at the time. Agents approached the stopped vehicle, weapons drawn, still ordering Gilbert to stop.  

As agents approached the vehicle, Gilbert “did not get out of his vehicle but reversed the vehicle,” almost striking a drug agent, the presentment stated. 

Smith moved in front of the vehicle and attempted to get to the driver’s side, ordering Gilbert to get out. The left side of Gilbert’s vehicle was blocked by a utility pole and Smith realized he was trying to get out on the vehicle’s right side, the presentment stated.  

“Agent Smith was located between both of the vehicles and was concerned that if Mr. Gilbert accelerated forward, he would not have a safe route to retreat and, consequently, he believed that he would receive serious bodily injury or be killed,” the presentment continued. 

Smith, according to the presentment, was concerned for the safety of others and Gilbert attempting to flee. 

“Agent Smith fired seven rounds into the windshield in rapid succession as he was getting out of the way of the vehicle and fired the final round in the passenger window as the car went by him,” the presentment stated. 

Emergency Medical Services personnel arrived on the scene shortly after. Wounded nine times, Gilbert died as a result, according to the presentment. 

Gilbert was found with marijuana and $883, according to authorities. 

No school bus was in the immediate area during the time of the incident, the presentment stated. 

The grand jury viewed body camera footage of the shooting. The video has not yet been released to the public. 

Community response  

Following the Aug. 15 shooting, a number of protests and marches occurred. 

Protests occurred Aug. 16, taking place outside the Jail Justice Center and also through downtown Thomasville. 

A community prayer vigil, also Aug. 16, was held at the Magnolia Street shooting scene. 

In the days following the initial protests, a march occurred. The march started on Magnolia Street, made its way through downtown Thomasville and ended back on Magnolia. 

Members of the Black Lives Matter Greater Atlanta and the Southeast Region of the Black Panthers also took part in the march. 

A march calling for unity and peace, followed by a candlelight vigil, also occurred.  

Out-of-county juror pushes case back 

In January, 16 members of a grand jury started hearing the case. 

One juror was determined to reside outside Thomas County after the first day of hearing the case, reducing the number of jurors to 15. Sixteen of the 23 jurors must be present to take action.  

At the time, the grand jury heard close to 50 other cases. 

A new grand jury was empaneled in April. 

“It lingered for almost a year,” Shealy said Thursday of the case. 

Last August, Shealy explained to community members the legal process of an officer-involved shooting. 

A civil grand jury would be the first to hear the officer-involved shooting case. That grand jury would issue a recommendation either to push the case to a criminal grand jury or not. If a civil grand jury recommends no criminal charges be pursued, the case is closed. 

“As far as our office, this closes the matter,” Shealy said Thursday. 

Gilbert’s family, Shealy pointed out, could pursue legal action. 

“I’m very sympathetic toward the family,” Shealy said. “I’m very sorry that they’ve lost a loved one.” 

Reporter Jordan Barela can be reached at (229) 226-2400, ext. 1826.