Kokomo Tribune; Kokomo, Indiana

MC Weekly

June 18, 2014

Prosecutors rule shooting death a justified homicide

No charges to be filed against Miami Co. man who shot and killed intruder

PERU — Miami County prosecutors won’t bring charges against a man who they say shot and killed an intruder who attacked him with a baseball bat.

Andrew Baldwin used a handgun to shoot 30-year-old Donny Sturgill, Peru, on Saturday after he told deputies Sturgill smashed out a front door window and hit Baldwin with a baseball bat to collect money Baldwin owed him.

Baldwin told deputies Sturgill texted him and his roommate, James Bellar, saying he wanted $200 owed him for a phone bill. Sturgill said if he didn’t receive the money, he would go to their house and beat everyone there.

Baldwin said he feared Sturgill, who served prison time for an aggravated battery in 2001 and was also known to be a member of a prison gang called Maniac Latin Disciples, according to prosecutors.

Baldwin said he borrowed a gun from an acquaintance after receiving the text.

When Sturgill arrived at the residence on the 6400 block of North 400 West, in rural Miami County, deputies say he broke out the window and entered the home without invitation.

Baldwin was waiting in the living room, holding a 9 mm pistol, and told Sturgill to get out of his house, prosecutors said.

Sturgill then swung the baseball bat at Baldwin, which broke his arm. Baldwin responded by firing two shots at Sturgill, striking him in the pelvic area and the heart, prosecutors said.

Sturgill backed up, fell into a wall near a bedroom entrance, pivoted around the doorway and fell between the bed and the wall, prosecutors said.

Baldwin called 911 immediately after the shooting in an attempt to save Sturgill’s life, prosecutors said, and indicated he shot him because he did not want to be hit again.

Miami County Prosecutor Bruce Embrey ruled Tuesday the shooting was a justifiable homicide, citing the “castle doctrine,” which provides that a person may use deadly force to prevent or terminate an unlawful entry into his home.

Embrey also cited Indiana’s self-defense statute which states deadly force is justified when preventing serious bodily injury to yourself or someone else.

The Miami County Sheriff’s Department, Indiana State police and the Miami County Prosecutor’s Office conducted the investigation.

Embrey said his determination is subject to any new evidence that may come from future reports.

Carson Gerber can be reached at 765-854-6739, carson.gerber@kokomotribune.com or on Twitter @carsongerber1.

1
Text Only | Photo Reprints
MC Weekly
  • RAY MOSCOWITZ: What is a Hoosier? Here are some answers This is my last column on a regular basis for the MC Weekly — by my own choosing.I want to thank Jeff Kovaleski, managing editor of the Kokomo Tribune, for inviting me to write for the MC Weekly when it began publication in July 2013. It has been an

    August 20, 2014

  • Our current MC Weekly issue

    October 9, 2013

  • SPL - KT081714 - John Martino column - column sig [Duplicate] MARTINO: Glacial lakes offer naturally good fishing Indiana always has been special to me. Although we lack vast expanses of public lands, towering snow-capped mountains or endless oceans, it is home. But our Hoosier State does possess its own uniqueness and beauty.

    August 20, 2014 4 Photos

  • Grissom Fire Department 08 [Duplicate] Military Fire Power

    There are six people trapped inside a burning airplane. You and your partner have 10 minutes to rescue them.And you have to do it blind, groping and crawling in total darkness, burdened down with fire gear and an oxygen tank.Sound impossible? John Ir

    August 20, 2014 13 Photos

  • NWS - KT080714 - Konrath mugshot - CLG [Duplicate] Peru surgeon Konrath jailed on charges of invasion of privacy PERU — A Peru orthopedic surgeon accused of plotting to murder his ex-wife is back in jail without bond after deputies say he violated a court order prohibiting him from contacting people involved in the case.Gregory Konrath, 48, was arrested in July

    August 20, 2014 1 Photo

  • Peru police arrest 5 during warrant service PERU — An attempt by police to serve felony warrants Aug. 12 led to the arrest of five Peru residents on multiple charges, including dealing meth and illegal possession of a handgun.Officers went to the 500 block of West 10th Street at around 1:40 p.

    August 20, 2014

  • Miami County Weekly sports briefs The Kokomo Region PGA Junior All-Stars are moving on to the state semifinals after a convincing victory over Muncie on Saturday at Rock Hollow G.C. Kokomo recorded 101/2 flags while Muncie managed just 11/2.

    August 20, 2014

  • Peru Police Tablet 01 Peru police going hi-tech Anyone thinking about committing a crime in Peru now has another reason to think twice.The Peru Police Department might just have its eyes on you. Literally.Assistant Police Chief Rick Keller said officers will begin installing cameras in high-crime

    August 13, 2014 3 Photos

  • SPL - KT081014 - John Martino column - pic 2 [Duplicate] MARTINO: Is expensive equipment really that much better? It was time, or so I thought. It had been several years since I broke down and bought a new spinning reel. Well, OK, several months. But that’s not important. Fishermen can never have too much tackle.

    August 13, 2014 4 Photos

  • Small museum in Mitchell now honors Gus It isn’t much, just a small space in a red brick structure built in 1880. But it’s special to Susan Webster. And what’s special to Susan Webster is special to her husband, Charles.Any day now, Susan and Charles will open the museum portion of Mitchel

    August 13, 2014