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Thursday, July 9, 2009

Alleged Fallon shooter, 3 others appear back in court



Preliminary hearings were scheduled Thursday for four of seven Fallon residents involved in a scheduled fight on June 16 that resulted in one of them being shot.

The four appearing in Justice Court were Patrick Black, Jonathon Brown, Walter Anderson III and Ebelio Tapia Jr.

Tapia is charged with assault with a deadly weapon, battery with a deadly weapon causing substantial bodily harm to the victim, principal to challenges to fight, conspiracy to commit a crime or unlawful act and resisting/delaying/obstructing a public officer.

Deputy District Attorney Lane Mills said additional charges will be filed against Tapia and another defendant.

According to the criminal complaint, Tapia shot and wounded Black in the arm near Churchill and Douglas streets as two other men prepared to fight.

Brown is charged with challenges to fight and conspiracy to commit a crime or unlawful act. Black is accused of assault with a deadly weapon and challenges to fight and conspiracy to commit a crime or unlawful act, and Anderson is charged with challenges to fight and conspiracy.

Tapia was told without appearing before Justice of the Peace Mike Richards that his preliminary hearing is scheduled for Aug. 20, and that he faces more charges.

Anderson, Black and Brown each faced Richards separately.

Black's preliminary hearing is scheduled for July 23, and Public Defender Chet Kafchinski asked for Black to be released on his own recognizance (O/R), which Mills opposed. Mills said Black is unemployed and has committed crimes in the past, including an arrest in 2007 for failure to appear.

Black said his arm now has nerve damage, and he has trouble feeling his hand. He also said he did not do anything wrong and added prosecutors did not think he committed a crime either because they offered him a plea deal to reduce his felony charges to a gross misdemeanor.

Richards said the charges are serious and refused the O/R request or to reduce his bail.

Black, who was visibly upset when led from the courtroom, told his family to “buy” him a lawyer.

Richards scheduled Anderson's preliminary hearing for July 16, and Kafchinski sought a bail reduction for his client. Kafchinski said Anderson has a stable home and is the person who tried to transport Black to the hospital. He said the charges of challenges to fight and conspiracy would be difficult for prosecutors to prove.

“We believe the likelihood of conviction is quite low,” he said. “There is not a great deal of evidence in the files of any crime.”

He also said his client was extremely cooperative with police and reiterated Anderson is the person who sought medical treatment for Black.

Mills said Anderson has a lengthy criminal history and was just released from federal prison on weapon charges.

Kafchinski said his client cannot make the $8,500 bail.

Richards said the defendant's past history and the serious charges are reasons the bail amount will remain the same.

Brown's preliminary hearing is scheduled for July 17, and Public Defender Paul Drakulich asked for his client be released on no or reduced bail since he had already been in jail for a week. Mills said investigators think Brown was one of key principals in the alleged crime. Richards reduced Brown's bail to $5,000.


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