GA man faces105 years for defending his property
Byron sends us a link to the story of David Sturdivant, the 64-year-old Marine Purple Heart recipient, who made the mistake of shooting at a man who was stealing from his shop while the cops were nearby filming a truTV show. (Atlanta Journal Constitution link)
According to police reports, Sturdivant awoke on that Friday afternoon to see Dennis Alexander in his yard. Alexander’s pickup was parked beside the engine repair shop attached to Sturdivant’s house and one of the riding lawnmowers in for repair was positioned near the open tailgate to the bed of the Dodge Ram. Alexander, jailed several times for property crimes but not charged in this case, told police he was there to buy parts.
“Get off my property and stop stealing my stuff,” Sturdivant shouted at Alexander from the second-floor balcony.
When Alexander didn’t depart, Sturdivant fired a single round from his commercial M14 which brought the TC star cos running and firing. It’s not clear if Sturdivant pointed his gun at cops, but he was wounded and lost his kidney as a result. While Sturdivant has been in jail awaiting trial, his house has burned and his shop has been stripped by criminals and he could lose his veteran benefits. He could have pleaded guilty to lesser charges, but Sturdivant feels he didn’t do anything wrong. I agree.
He was protecting his property from a known criminal a few yards from the cops who playing TV stars. In retrospect, he probably should have called the police before he took his shot, though, but that’s no excuseto let him lose everything. the prosecutor is obviously being a dick.
Category: Gun Grabbing Fascists
Jonn…shouldn’t you be resting your eyes?
This is an extremely sad story of a man who was harassed and victimized by some SOBs who played him for a fool. He has been in jail since April (!) and has lost everything except his self respect. The state offered to let him plead guilty to a misdemeanor and he said no thanks, he’ll take his chances at trial. Curiously—perhaps insanely—the deal offered by the state would have allowed him to keep his weapons. Now, if the state is so convinced that this man is a danger, why would it do that? And the captured account of the incident by recordings suggests nothing to justify the police shooting. 14 rounds were fired by 3 officers, after which one of them asks whether the others saw a gun. Thus, at least one of the officers fired b/c the others were, not b/c he perceived a mortal threat. Meanwhile, the SOB who was stealing from this man was not charged. This whole thing stinks—and it hurts.
Yep, we now live in a world where wrong is right and right is wrong. The cops probably thought the one shot was taken at them and because they were on tv, acted like it was an ambush. Meanwhile, the Vet loses everything protecting his property. That’s seriously messed up.
The more I think about this, the more pissed off I get. Out.
hey at least he’s not in Michigan. There you have the right to get out of the way of someone literally invading your home. Any attempt to defend yourself is Assault, and actually killing the SOB is Manslaughter.
Personally I think the cops should have been fired.
Doc, since when? Michigan law states that a person can “use deadly force, with no duty to retreat, if they reasonably think they face imminent death, great bodily harm or sexual assault. They can use deadly force on their property or anywhere they have a legal right to be”. That’s from a Fox News story, the relevant laws are Public Acts 309 thru 314.
The notation of the law is from Ammoland.com, http://www.ammoland.com/2009/11/03/a-review-of-castle-doctrine-no-retreat-legislation/
UpNorth: As my CCW instructor told us “the law is what those 12 people say it is on that particular day”. He pulled that quote while attending a legal seminar with Lawyers who specialize in criminal defense.
IOW the law on the books isn’t necessarily what gets interpreted by the jury.
Sturdivant’s actions sound like he was being harassed. And the treatment of the property after he was jailed points to locals running him out on a rail. Once again, I think there is more to the story than we’re hearing.
True, OT. But, most prosecutors in Michigan, other than the few who can’t go a day without seeing themselves on the 6 o’clock news, don’t choose to step beyond what the law says.
There was a guy in Grand Rapids who was pumping gas at the local pumps, when a gang-banger decided he’d see what he could get and do, the citizen dropped him where he stood. The prosecutor cited the “anywhere they have a legal right to be” part of the law, in stating the man had done nothing wrong, and wouldn’t be charged. Just one of many lately, since the law was changed.
[…] dropped against vet November 12th, 2011 On Thursday, we discussed the case of David Sturdivant, the 64-year-old Marine veteran who took a shot at a man attempting to rob his shop and was […]