Man facing 105 years in prison for shooting at would-be thief

By Rhonda Cook
Atlanta Journal-Constitution
Nov. 14, 2011

David Sturdivant has lost his liberty, a kidney, his home, his business and all his belongings.

He has nothing left other than the $21 a friend put on his account at the Fulton County Jail, where he has been since April 8.

The 64-year-old Marine Purple Heart recipient could have left jail two weeks ago, but he refused to plead guilty to a misdemeanor, a deal that included 12 months probation with credit for the seven months served. The deal would have let Sturdivant keep his guns – four rifles and a pistol -- as well as his military disability benefits, according to the prosecutor.

Fulton County Judge Kelly Lee told Sturdivant it was a good offer because he was looking at as much as 105 years in prison if a jury convicted him of all six felony charges he faces.

“He was under the mistaken belief it would be OK to shoot at an intruder,” senior assistant district attorney Jason Park said in court. Sturdivant is charged with shooting at a man in his yard -- not in his house -- that he thought was there to steal from him.

Yet as far as Sturdivant is concerned, he did nothing wrong.

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