A man who shot and killed his brother in Cape Coral has been sentenced to 30 years in prison for second-degree murder.
John William Tolbert, 59, was adjudicated guilty and given the sentence Wednesday morning for one count of second-degree murder with a firearm. According to the State Attorney’s Office, it is a 30-year minimum/mandatory sentence, meaning he must serve the full 30 years in prison.
According to the SAO, Tolbert made an “unannounced visit” to the home of his brother, Francis G. Tolbert, 71, on or about April 6 of 2024. Tolbert had been living in New Mexico, but began staying with his brother. The SAO said Tolbert had been estranged from his family for years.
Ten days later, the Cape Coral Police Department responded to a report of a disturbance at the home and found Francis Tolbert with a gunshot wound to the back of the head. He did have a pulse at the scene, but succumbed to the injury shortly after.
“The defendant shot and killed his brother then fled the state,” a release from the SAO states. “He changed license plates on the car he was driving in an effort to elude law enforcement. He was ultimately located and apprehended in Pennsylvania.”
A traffic stop in West Moreland County led to John William Tolbert’s arrest.
According to Cape Coral Police Department officials, Tolbert was pulled over for a traffic violation by Pennsylvania State Troopers and subsequently arrested on an outstanding CCPD warrant for manslaughter with a weapon.
In 2024, CCPD Chief Sizemore said officers found a shell casing near Francis Tolbert while collecting evidence, leading them to suspect that foul play could be the cause of his injury. Investigators were called in.
An autopsy performed in 2024 revealed Francis Tolbert had a bullet fragment in his head that was not found to be self-inflicted.
Assistant State Attorney Andreas Gardiner, of the SAO’s Homicide Unit, prosecuted the case.
To reach CJ HADDAD, please email cjhaddad@breezenewspapers.com