A man who shot and killed his brother in Cape Coral has been sentenced to 30 years in prison for second-degree murder.\u00a0<\/p>\n
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\u2019s Office, it is a 30-year minimum\/mandatory sentence, meaning he must serve the full 30 years in prison.\u00a0<\/p>\n
According to the SAO, Tolbert made an \u201cunannounced visit\u201d 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.\u00a0<\/p>\n
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.\u00a0<\/p>\n
\u201cThe defendant shot and killed his brother then fled the state,\u201d a release from the SAO states. \u201cHe changed license plates on the car he was driving in an effort to elude law enforcement. He was ultimately located and apprehended in Pennsylvania.\u201d<\/p>\n
A traffic stop in West Moreland County led to John William Tolbert\u2019s arrest.\u00a0<\/p>\n
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.<\/p>\n
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.<\/p>\n
An autopsy performed in 2024 revealed Francis Tolbert had a bullet fragment in his head that was not found to be self-inflicted. <\/p>\n
Assistant State Attorney Andreas Gardiner, of the SAO\u2019s Homicide Unit, prosecuted the case.<\/p>\n