DATE: March 11, 2016
CASE: David Burnhart
PROSECUTOR: Deputy District Attorney Allison Dunham, Adult Sexual Assault Prosecution Unit
Forty-eight-year-old David Burnhart was convicted by jury of kidnapping to commit robbery, kidnapping to commit rape, assault with intent to commit rape, false imprisonment, making criminal threats, robbery, and the jury found a personal use of a firearm enhancement true on each count. Burnhart was also convicted of being a felon in possession of a firearm.
On January 8, 2015, the 34-year-old female victim was a real estate agent working at a KB model home sales office in Elk Grove. Burnhart made an appointment with her to view the model homes. During his walk through, Burnhart returned to the sales office and falsely told the victim there was a water leak in one of the homes. The victim then accompanied him back into one of the model homes. Burnhart pointed a .25 caliber semi-automatic pistol at her, threatened to shoot her if she tried to get away, and told her she better have a lot of money. He handcuffed her to a closet rail and removed her pants and underwear. Burnhart continually threatened to shoot her if she did not comply with his demands.
Burnhart left briefly to move the victim’s car so it was no longer visible from the street. When he returned, he told the victim they were going for a ride and made her put on a robe that was used for a closet display. As they were walking out the front door, Burnhart saw a security guard. He made the victim go back inside, put her clothes back on, and told her they were going to leave. He threatened to shoot her and the security guard if she did not act normal. Burnhart walked out the front door first. The victim then slammed the door and locked it. She waited for Burnhart to leave, then ran out of the model home to the security guard and called 911. Burnhart stole several of the victim’s personal items, including her purse containing office keys, two cell phones, a check book, and her socks and underwear.
Burnhart has a prior 2005 forcible oral copulation conviction. He faces a sentence of life in prison. Sentencing is set for April 29, 2016, at 9:00 a.m. in Department 24 before the Honorable Shelleyanne Chang.
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