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Waller pleads not guilty to felony assault

Jesse Davis | Hagadone News Network | UPDATED 11 years, 2 months AGO
by Jesse Davis
| June 9, 2014 10:45 AM

A Marion man has pleaded not guilty after being charged with felony assault with a weapon for allegedly disarming and shooting at another man.

John Waller, 52, entered the plea Thursday in Flathead District Court.

According to a court document, Waller and Claude Trusty showed up at the campsite of Dustin Gibbs in the area of Murr Creek and South McGregor Lake Road on May 7. The men allegedly took Gibbs’ Kimber .45-caliber handgun and then Waller shot at him with his own gun.

Waller and Trusty were later located by deputies and Waller had a Kimber .45-caliber handgun and a .44-caliber Ruger Red Hawk revolver, both loaded. The revolver reportedly had three fired rounds in the cylinder in addition to three unfired rounds.

Waller allegedly told the deputies he was upset with Gibbs and went to the campsite to talk to him, then pointed his own firearm at Gibbs and told him to drop his pistol, took that pistol and fired his revolver. He allegedly said he fired two more rounds into the air then fired Gibbs’ pistol.

Trusty allegedly confirmed Waller’s story.

Waller initially was incarcerated in the Flathead County Detention Center until he posted a $30,000 bond.

If convicted, he faces up to 20 years in the Montana State Prison and a fine of up to $50,000.

His next hearing is set for Sept. 17.

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