Two men charged after incident involving firewood
SCOTT SHINDLEDECKER | Hagadone News Network | UPDATED 3 months, 2 weeks AGO
Two local men are facing felony assault charges after a fight last month over firewood.
Raymond John Bailey, 60, and Daren James Clark, 59, are each facing assault with a weapon charges. Bailey is also charged with one county of misdemeanor assault and a felony count of possession of dangerous drugs. Clark’s other charge includes felony aggravated assault.
Bailey appeared in Lincoln County District Court Dec. 15 and pleaded not guilty. Clark appeared Dec. 22 and also pleaded not guilty.
According to the narrative by arresting officer Caleb Thomas of the Libby Police Department, he was called to a local grocery store after someone reported a fight. Three county officers, Derek Breiland, Anthony Smith and James Derryberry, were already at the scene and had separated the men involved in the incident.
Thomas first spoke to a woman who witnessed the incident when she drove into the parking lot. She said three men were fighting and the alleged victim, a 39-year-old man, was “bloody.” She said she was able to break up the fight. She also said she saw Clark grab a large pry bar and threaten the victim with it.
Officer Thomas then spoke to the alleged victim. He said the two other men asked him the cost of the firewood. After he told them, Bailey allegedly made a comment about the wood being too small and that it wasn’t a cord. The alleged victim said he wouldn’t sell them the wood and asked them to leave.
Bailey allegedly said something about the man smoking crack and both men, “kept running their mouth.” The alleged victim said if they wanted to go (fight) that they could just do it.
Clark and the victim each got out of their respective trucks, started to shove and hit each other. According to the court filing, Bailey then came up behind the alleged victim and hit him. The victim said, “everything went black for a split second.” He said after he came to, he started swinging, knocking the others to the ground. He was kicked, suffering injuries to his face and nose. The victim said he thought Clark and Bailey had been drinking and Bailey was more intoxicated.
The alleged victim’s nephew, who helped him get the wood and remained in the truck, confirmed his uncle’s account of the event.
Ofc. Thomas spoke to Clark and Bailey about the incident. Clark allegedly accused the victim of hitting him first. Bailey also said the alleged victim punched first.
Ofc. Thomas said he could smell alcohol on Bailey. When he asked the defendant how much he drank, Bailey allegedly said they each had one.
Bailey said he didn’t strike the victim and tried to split him and Clark up.
Ofc. Thomas determined from the statements he received that Clark and Bailey were the predominant aggressors in the incident and arrested them. During the arrest of Bailey, a search allegedly turned up a blue pill container. Bailey said the officer could open it and that it belonged to Clark.
Deputy Breiland said the bottle contained several Hydrocodone pills
Clark is facing a maximum of 40 years in the Montana State Prison while Bailey facing a maximum of 25 years in the Montana State Prison.
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