I can't make a judgment without knowing the facts of the case.
But in general, whether someone should be in jail is a complex question that depends on a lot of factors, including the severity of the crime, the defendant's criminal history, and the likelihood that they will re-offend.
Ultimately, it's up to the judge or jury to decide whether someone should be sent to jail. But it's important to remember that jail is supposed to be a punishment, not just a place to keep people who are dangerous. So the decision of whether or not to send someone to jail should be made carefully, with all of the relevant factors considered.