A Kalispell man accused of using a handgun to encourage a man traveling by dirt bike to slow down in 2025 later received a suspended jail sentence.  

David Leon Wagar, 63, initially pleaded not guilty in Flathead County District Court to one count of felony criminal endangerment in connection with the alleged May 7, 2025 confrontation near Piney Dell Trail. By July, though, Wagar was prepared to enter a guilty plea to an amended charge of negligent endangerment.  

In exchange, prosecutors agreed to recommend Wagar receive a suspended one-year sentence in the Flathead County Detention Center.  

Judge Heidi Ulbricht stuck to the terms of the deal at Wagar's July 31 sentencing. She gave him credit for two days of time served and ordered him to pay $1,085 in court fines and fees.  

The victim told Flathead County Sheriff's Office deputies that he was riding to Market Road and back again when he saw Wagar aiming a gun at the road in front of him about 9:53 p.m., according to court documents. Allegedly shooting from his porch, Wagar fired twice before threatening the victim. 

Wagar told deputies the victim was riding recklessly and kicking up dirt from the road. He said he "put a couple of slugs in the hillside just to say, 'Hey man, slow down," according to court documents.  

Investigators described Wagar as slurring and giving off the odor of an alcoholic beverage. They also secured a steel gray Smith and Wesson .44 Magnum from him, according to court documents.