DAYTON, Ohio -- A man learned his sentence today, July 2, after he was convicted last month of murder in the killing of 20-year-old David Driscoll in a gas station parking lot in February.

Kyle McClendon, 23, will serve 27 and a half years to life in prison in the Feb. 8 incident at the Marathon gas station on Riverside Drive. 

McClendon's attorneys admitted in the trial that he shot Driscoll, but argued that Driscoll was the aggressor in the slaying.  Judge Dennis Langer dismissed that defense, saying McClendon was clearly the aggressor.

Surveillance footage of the killing appears to show Driscoll and McClendon getting ready to fight, but the two instead shake hands and hug.  Driscoll then started walking towards McClendon's car, and the McClendon shot him.

Two friends of Driscoll testified that the disagreement had started when McClendon bumped into one of them, and Driscoll said something to him.

At the time of the shooting, McClendon had just been granted probation in lieu of a conviction for carrying a loaded concealed weapon only about a month before the shooting.  His sentence included 18 months for possessing a weapon under probation.