GWINNETT COUNTY, GA – Channel 2 Action News has confirmed the man accused of shooting and killing a young man in his driveway plans to plead guilty.

A plea deal will reduce the man’s murder charge to a misdemeanor.

Channel 2’s Kerry Kavanaugh confirmed Philip Sailors will not serve a single day behind bars for the death of 23-year-old Rodrigo Diaz.

Defense attorney Mike Puglise says the plea to involuntary manslaughter means Sailors acted negligently, not intentionally.

Police charged Sailors with malice murder in January 2013.

Diaz and three friends drove to Hillcrest Drive to pick up a friend when their GPS steered them into the wrong driveway. That’s when Sailors came outside, shooting.

“If he knew that this was about a GPS that led these young people to the wrong location, then we never would be here talking about this,” Pugliese said.

Pugliese says Sailors was fearing a possible home invasion.

The Gwinnett County district attorney says the group wasn’t doing anything wrong, they simply made a wrong turn.

“What do you say to people who think it’s not right that he’s not spending a day in jail for this?” Kavanaugh asked Pugliese

“It’s easy for people to Monday morning quarterback any case. Unless you truly understand the circumstances in this case….” Pugliese said.

Puglise says Sailors has lived every day since in remorse praying for the Diaz family.

“What he told me, quite frankly, there is nothing the court could do to me that would be worse than me having to stand before my Creator,” Pugliese said.

Gwinnett County’s DA, Danny Porter, didn’t want to go on camera until the deal is officially entered in the courtroom.

Porter said the victim’s family is on board with the plea deal and they too will be in the courtroom Monday morning.

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