Rice sentenced for attempting to shoot Habersham deputy

CLARKESVILLE - Nearly 18 months after an incident that left him shot by a Habersham County sheriff's deputy, Marshall Allen Rice has been found guilty and sentenced to serve 70 years in felony confinement for attempting to shoot sheriff's Lt. Tonya Elrod during a traffic stop.

Rice represented himself in a bench trial before Habersham County Superior Court Judge Russell Smith Monday. No jury was seated in the case.

Rice was found guilty on three counts of aggravated assault on a police officer and sentenced to 20 years each, to be served consecutively.

Additionally, Rice was found guilty of obstruction of an officer and possession of a firearm by a convicted felon, and was sentenced to serve five years each consecutive to the other sentences.

Rice also was found guilty of theft by taking and sentenced to serve 12 months concurrent to the other sentences.

Smith found Rice not guilty of possession of methamphetamine.

Because Rice was found not guilty of the meth possession, he also was found not guilty of possession of a firearm during the commission of a felony since the meth was alleged as the basis for that count.

The incident from which the charges stemmed occurred around 1 a.m. Monday, Oct. 21, 2013, on Historic Highway 441 near Habersham Mills Road north of Demorest.

During a traffic stop in which he was the passenger, Rice stepped from the passenger side of a pickup truck, grabbed Elrod and put a gun to her head, pulling the trigger. The gun misfired and Elrod was able to get away as Rice pulled the trigger a couple more times.

Sheriff's Sgt. Greg Chastain opened fire on Rice, striking and wounding him. The GBI cleared Chastain's actions.

District Attorney Brian Rickman said he is pleased with Monday night's sentence.

"We felt like the only sentence that was appropriate was a number of years that would mean he doesn't get out, and the sentence the judge handed down accomplishes that," Rickman said. "He is truly dangerous. We see a lot of criminal defendants, but not many are truly as dangerous as Marshall Rice."