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Marion man charged for shooting incident

Jesse Davis | Hagadone News Network | UPDATED 10 years, 6 months AGO
by Jesse Davis
| May 15, 2014 9:00 PM

A Marion man is in jail and facing a felony charge for allegedly disarming and shooting at another man in the Murr Creek area last week.

John Waller, 52, is charged in Flathead District Court with assault with a weapon for the May 7 incident.

According to Flathead County Sheriff Chuck Curry, the incident began eight days earlier when the alleged victim was cited for shooting at a U.S. Forest Service gate. That act apparently caused issues with other Marion residents, leading to the man being threatened.

At about 11:30 p.m. on May 7, the man was at his campsite on South McGregor Lake Road when Waller and Claude Trusty drove up and approached him, according to a court document. The victim told deputies the men approached him and took away his .45-caliber Kimber handgun before Waller shot at him with another gun.

The victim then ran.

According to a dispatch log, he called 911 saying he had been shot at several times including one round that passed near his head. He called later to say he was being hunted by the two men and was continuing to hear shots in the woods around him.

Sheriff’s deputies found Waller and Trusty at their own campsite. Waller had two handguns, a .45-caliber Kimber and a .44-caliber Red Hawk Ruger revolver, according to the court document.

The document states one of the deputies noticed both guns were loaded and the revolver had been fired three times.

Curry said the men were “friendly but drunk,” according to a deputy’s report. They said they had been at a bar getting drunk earlier that night when the victim entered and they exchanged words, with the victim allegedly threatening to kill some of their friends and family.

That was when they went to his campsite to confront him.

“They said he came out with a .45 pistol and they told him to drop the gun, which he did,” Curry said. “Waller apparently admitted firing his gun, but said they didn’t want to shoot him or kill him, that their intent was to come see him and ‘take care of business’ and to protect their families.”

Waller subsequently was arrested and booked into the Flathead County Detention Center, where his bond was set at $30,000.

The victim contacted a deputy again on May 11, saying he felt like his case was not getting the attention that it merited and seeking an attempted homicide charge filed against Waller.

He claimed to have remembered more about the incident, saying Waller had broken his ribs with the grip of his handgun and made him kneel down before shooting at him. The information was given to the Flathead County Attorney’s Office.

An arraignment for Waller is scheduled for June 5.

Reporter Jesse Davis may be reached at 758-4441 or by email at jdavis@dailyinterlake.com.

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