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Hungry Horse shooter freed after 115 days in jail

by Richard Hanners Hungry Horse News
| May 22, 2013 7:15 AM

A 34-year-old Hungry Horse man was given a three-year deferred sentence on top of the 115 days he already served in the Flathead County Detention Center for his role in a shooting incident on Oct. 17 last year.

Following a plea agreement, Flathead County District Court Judge David Ortley also ordered Benjamin Davis to pay a $1,000 fine, all suspended, and $800 in public defender fees. Davis must also attend the Montana Chemical Dependency Center in Butte.

According to court documents, the incident began about 4:45 p.m. when a resident on First Street South West in Hungry Horse reported that a man from down the street had fired several rounds into his house and was screaming about his dog.

According to initial reports, Davis allegedly emptied a whole clip from a .40-cal. handgun. The man who called the police was standing only 10 feet away, but none of the shots hit anyone.

Flathead County sheriff’s deputies soon had the house Davis had hid inside surrounded, and neighboring homes were evacuated during the standoff. The SWAT team tried to hail Davis and deployed a flash-bang grenade in the yard without success. After an hour and a half, tear gas was deployed, and Davis was taken into custody.

Davis initially was charged with criminal endangerment and assault with a weapon, both felonies. He faced up to 20 years in prison and a $50,000 fine if convicted of the assault charge alone. The assault charge was dismissed in the Feb. 8 plea agreement, and Davis pleaded guilty to felony criminal endangerment. He was released on his own recognizance three days later.

Five people from out of state wrote letters to the judge in support of Davis. They said he had suffered from cancer, which affected his hormone balance. They said he lacked health insurance and had turned to alcohol for self-medication. All five said the incident was not in character with the man they knew.