HOUSTON – A Houston man was sentenced to life in prison for fatally shooting his ex-girlfriend in 2020 while he was already on deferred adjudication probation for setting his ex-wife’s home on fire, Harris County District Attorney Kim Ogg said.
Javon Gilbert, 31, was sentenced 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.
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In 2013, Gilbert was charged with arson for setting his ex-wife’s home on fire while she was inside. Kirby’s 2020 murder was investigated by the Houston Police Department and led prosecutors to file a motion to adjudicate guilt for the arson charge, Ogg said. 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, a news release said. If Gilbert had stayed out of trouble for eight years, he would not have had a conviction on his record, according to Ogg.
After investigators heard the evidence against Gilbert, including that he killed Kirby and dumped her body in a field near Bear Creek Park, Judge Warren revoked his probation and sentenced him to life in prison. Gilbert must serve at least 30 years in prison before he is eligible for parole. If he is ever paroled, Ogg says he will always be under the supervision of a parole officer.
“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.”
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.”