C-Falls man says shooting was justified

A 51-year-old Columbia Falls man charged in a 2011 shooting incident claims the shooting was justified because he was making a “private arrest” as provided for by Montana law. He also wants to block evidence about prior incidents if his case goes to trial.

William Russell was arrested by sheriff’s deputies on Sept. 30, 2011, after he allegedly shot at two men in a vehicle and pointed his gun at a third man at his shop on U.S. 2 south of Highway 40 and then chased their vehicle to the entrance of Glacier Park International Airport.

Russell initially was charged with two counts of assault with a weapon and one count of criminal endangerment. He faces up to 20 years in prison and $50,000 in fines if convicted of the assault charge.

According to Russell’s attorney, Quentin Rhoades, the three men were involved with the theft of a box containing 1,000 car titles from Russell’s scrap-yard business. Russell claims he was unable to get the sheriff’s office to pursue the matter and had alerted the sheriff’s office on the morning of the incident that he had enticed the three men to come to his business with the stolen titles.

When the sheriff’s office again refused to assist him, Russell tried to make a private arrest, as provided for in MCA 46-6-502. Russell claims he shot at their vehicle to disable it without success and then pursued them before they could destroy the titles.

Rhoades noted that state law allows a private citizen to use reasonable force to arrest a person if there is probable cause to believe that person is committing or has committed a crime. He also noted that state law “does not limit the level of force” that can be used.

Rhoades also filed a motion to exclude evidence from five prior incidents that might unfairly influence a jury if the case goes to trial:

• According to a March 11, 2010, police report, Russell allegedly pointed a gun at a man who was using a metal detector on an empty lot in Phoenix, Ariz., and told the man to leave.

• According to a Sept. 13, 2010, police report, officers responded to disorderly conduct during a landlord-tenant dispute in Phoenix where Russell was helping a friend. The landlord claimed Russell called her “a Jew” and “a bitch.”

• On March 27, 2011, Russell shot a homeless man in Phoenix. No charges were filed after Russell claimed he shot Percell Bagley, 52, in self-defense when Bagley swung a 36-inch long aluminum garbage picker at him. According to the Phoenix New Times, Russell owned several properties in the neighborhood.

• According to a Jan. 13, 2012, sheriff’s office report, Russell was involved in a landlord-tenant dispute in Flathead County after he subleased a building he was renting to a man who operated an illegal marijuana grow in the building.

• According to a March 9, 2012, sheriff’s report, Russell was allegedly involved in a romantic relationship with his bookkeeper in Flathead County, but she got upset when he started to date other women. She accused him of tax fraud, and he accused her of embezzlement.

In response to the defense motion, deputy county attorney Travis Ahner said some of the incidents show a pattern of Russell taking police powers into his own hands. He cited an incident in Phoenix on Aug. 17, 2012, when Russell was being evicted by a landlord and told police officers, “I’m going to protect my property, or you’ll have to take me to jail.”

As for prejudicial influence, “None of the above evidence will horrify, evoke sympathy or increase a desire to punish,” Ahner said. “Rather, the evidence sheds light both on Russell’s claims, his common scheme and his state of mind.”

A hearing on what prior incidents could be admitted was held before Flathead County District Court Judge Bob Allison on Jan. 29. The attorneys will meet again on Feb. 11.