A
Houston man was sentenced to life in prison this week for fatally
shooting his ex-girlfriend in 2020 while he was on deferred adjudication
probation for setting his
ex-wife’s home on fire, Harris County District Attorney Kim Ogg
announced.
“We
know that domestic violence generally escalates, and in too many cases,
like this, it escalates to a homicide,” Ogg said. “We sought justice
for both of the women
that this man victimized, and hopefully a life sentence will give his
victims and their families some peace.”
Javon
Gilbert, 31, was sentenced late Monday by state District Judge Brian
Warren after a four-day hearing to revoke Gilbert’s probation and
determine the appropriate
punishment for killing his ex-girlfriend, Emmishae Kirby, 28. The
Houston Police Department investigated her murder.
Although
it is not uncommon for a judge to revoke a deferred adjudication
probation and sentence a recalcitrant defendant to prison for violating
the terms of the probation,
Gilbert’s case is unusual because he violated his probation by killing
someone.
In
2013, Gilbert was charged with arson for setting his ex-wife’s home on
fire while she was inside. The first-degree felony of arson carries a
maximum punishment of
life in prison.
Gilbert
pleaded guilty in 2015 without an agreement, and Judge Frank Price
sentenced him to eight years of deferred adjudication probation. If
Gilbert had stayed out
of trouble for eight years, he would not have had a conviction on his
record.
Instead,
he killed his ex-girlfriend in 2020, which led prosecutors to file a
motion to adjudicate guilt for the arson charge. After hearing all of
the evidence against
Gilbert, including that he killed Emmishae Kirby and dumped her body in
a field near Bear Creek Park, Judge Warren revoked his probation and
sentenced him to life in prison. Because it is the maximum sentence,
Gilbert must serve at least 30 years in prison
before he is eligible for parole. If he is ever paroled, he will always
be under the supervision of a parole officer.
Assistant
District Attorney Mary McFaden, who is the chief of the Domestic
Violence Division of the District Attorney’s Office, prosecuted the case
with Lauren Bard,
a chief in the Major Offenders Division.
“While
he was on probation for the intimate-partner crime of arson, he
committed the intimate-partner crime of homicide for a separate victim,
and the judge could consider
what happened to both victims,” McFaden said. “A life sentence is the
only punishment that makes sense because this man hurts women and will
continue to hurt women. This ensures there will never be another day
when he is not supervised.”
Suzanne Garofalo
Communications Division, Harris County District Attorney’s Office
1201 Franklin St.
Houston, TX 77002
