18-year-old hit in chest and stomach

A Somers man charged with shooting his son twice during an escalating domestic disturbance at the family's home has pleaded innocent to assault charges.

Timothy William Withrow Sr., 52, entered a not guilty plea to felony aggravated assault during his arraignment Thursday morning in Flathead County District Court.

Withrow was taken into custody at his home in the 600 block of Somers Road shortly after noon on June 30 after shooting his son, 18-year-old Timothy William Withrow Jr., in the chest and stomach with a .25-caliber automatic pistol, according to Flathead County Sheriff Mike Meehan.

Several other family members were in the home when the incident occurred, investigators said.

Sheriff's deputies responded to the Withrow home after Timothy Withrow Sr. called 911 to report the shooting, which his attorney believes was in self-defense.

"I think his son has shown a pattern of abuse that's been ongoing for some time against, as far as I can tell, all the members of the family," said attorney Sean D. Hinchey.

At the time of the shooting, Timothy Withrow Jr. was serving a one-year probationary sentence for assaulting family members, including his father, mother, and girlfriend.

He was charged in September 2008 with felony aggravated assault, tampering with a communications device, and three counts of partner or family member assault after attempting to strangle his girlfriend and then punching his parents.

Timothy Withrow Jr. is also facing misdemeanor assault charges in Columbia Falls, Hinchey said.

Also Thursday, District Court Judge Stewart E. Stadler released Timothy Withrow Sr. from jail on his own recognizance.

During the hearing, Timothy Withrow Sr. testified he has significant health issues - including having had two brain surgeries - that could result in death if he were to suffer head trauma, Hinchey said.

His wife, Timothy Withrow Jr.'s mother, testified she was afraid of her son - relating one incident where he choked her to the ground and then kicked her in the head.

"From what I've heard and seen thus far, there had been a number of times where the son has been assaultive to his dad, knowing the significant medical issues he has, his mother, and his grandmother, who also lives in the home." Hinchey said.

After the shooting, Timothy Withrow Jr. was taken to Kalispell Regional Medical Center, where he was listed in critical condition, before being moved to the intensive care unit at Harborview Medical Center in Seattle.

Timothy Withrow Sr., who if convicted could face up to 20 years in prison and a $50,000 fine, has no criminal history, Hinchey said.

Reporter Nicholas Ledden can be reached at 758-4441 or by e-mail at nledden@dailyinterlake.com