The man charged in the slaying of 28-year-old Daniel John Zeitz of Roswell during an alleged attempt to steal the victim's PlayStation 4 gaming system was granted bond Thursday.
Judge Karen Smith Woodson granted Nathaniel Vivian a $175,000 bond over the objections of Fulton County Assistant District Attorney Michael Sprinkel, who argued Vivian was “a flight risk” with “tenuous ties to the community.”
Woodson also considered bail for 16-year-old Kayla Dixon, who police say actually shot Zeitz during the fatal September encounter. But the judge pushed that decision back to November. Dixon will be tried as an adult.
Robert Guy, Vivian’s older brother, testified on Vivian’s behalf.
“I don’t think it will be an issue of him coming to court,” Guy said. “We have a large family. He was one of seven, and we are all here to support him and make sure he does what he needs to do.”
But Sprinkel argued that Guy had not seen his brother for three weeks prior to the shooting, didn’t know where he lived and never even met Dixon, Vivian’s girlfriend.
“Mr. Vivian was flying under the radar at the time,” Sprinkel said.
According to Sandy Springs police, Vivian and Dixon contacted Zeitz on Sept. 12 on Craigslist to buy his PS4. At the exchange, Vivian tried to take the game, police said. Dixon then allegedly fired a shot from a .25-caliber handgun. The bullet passed through Vivian's hand and struck Zeitz in the side of his chest, killing him, according to police. Dixon's baby was in the car during the slaying.
Lawyers for the pair painted them as first-time offenders who made a tragic mistake. Dixon’s attorney said the 16-year-old had never been in trouble before, although she struggled after giving birth at 14.
“That happens a lot with teens, but this was murder,” said Zeitz’s father, John Zeitz.
“She pulled the trigger,” added his mother, Patty.
Zeitz’s family, who attended court with about 20 supporters, did not agree with the decision to grant bond, but said they respect the judge’s authority.
“We are trying to get through this as a family,” said Patty Zeitz, adding that when the full trial starts, even more supporters will come. “When we heard the news, it was the absolute worst news anybody could have told us. We didn’t handle it well in the beginning. But we know now that this story is bigger than us.”
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