Drizzt
February 14, 2003, 07:07 PM
Frazee man not charged for shooting, but faces felony firearms charge
Donald Potter, Frazee, is not slated to face charges for shooting an intruder in the stomach with a shotgun Wednesday, Feb. 5.
Prosecutors ruled as valid the claim of Potter, 21, that he shot Marcus Washington, 20, Detroit Lakes, formerly Frazee, in self-defense.
However, Potter was charged Feb. 6, with being a felon in possession of a firearm, a felony.
As of Monday, Feb. 10, Potter was being held in Becker County Jail on $25,000 cash or insurance bond.
Police received a call from a home in the Acorn Lake Trailer Park about 1:10 a.m. Feb. 5, saying a man had been shot in the stomach.
Capt. Joe McArthur said when deputies arrived at the scene, Washington was seated inside his car and Potter quietly surrendered to authorities.
Washington was taken by ambulance to St. Mary’s hospital in Detroit Lakes for treatment of an abdominal wound, but has since been discharged.
Court records say Donald Potter and his sister, Tammy Potter, lived together in a home at the trailer park.
According to the court complaint and McArthur, the two Potters had returned to the mobile home late Feb. 4. A short while later, Washington allegedly arrived and began pounding on the door demanding to be let in. Donald Potter refused his request.
Washington continued to pound on the door and eventually gained entry, even though it was locked. Washington then began walking down the hallway toward Tammy Potter, the complaint continued.
The complaint said Donald Potter grabbed the .410-gauge shotgun, confronted Washington and ordered him to leave. Washington continued walking toward Tammy Potter, the document continue.
As Washington continued to approach his sister, Potter fired the shotgun, hitting Washington in the stomach, according to the Becker County Sheriff’s Department.
The shotgun and one spent round were recovered inside the Potter residence by sheriff’s deputies.
Evans ruled the shooting was justified under state law, considering the circumstances.
McArthur said Tammy Potter and Washington had an off-on relationship, and have a young child between them.
There is a court protection order against Washington to stay away from Tammy Potter, resulting from a Feb. 11, 2002, conviction for felony assault against her and the child.
The court protection order is still in effect, according to Becker County Attorney Joe Evans.
The charge against Potter, being a felon in possession of a firearm, stems from an incident last summer. He was convicted of third-degree burglary June 5, 2002.
Potter’s sentencing guidelines prohibited him from possessing any firearms. The charge carries a maximum sentence of 15 years and a $30,000 fine.
Evans said the matter remains under investigation. Potter made a court appearance Feb. 10, 2003, and a bond study was ordered. It has not yet been determined whether charges will be filed against Washington, Evans said Tuesday. An omnibus hearing for Potter is set for 1:30 p.m. Feb. 24.
http://www.frazeeforum.com/frazeeforum/myarticles.asp?P=614754&S=284&PubID=10603&EC=0
Donald Potter, Frazee, is not slated to face charges for shooting an intruder in the stomach with a shotgun Wednesday, Feb. 5.
Prosecutors ruled as valid the claim of Potter, 21, that he shot Marcus Washington, 20, Detroit Lakes, formerly Frazee, in self-defense.
However, Potter was charged Feb. 6, with being a felon in possession of a firearm, a felony.
As of Monday, Feb. 10, Potter was being held in Becker County Jail on $25,000 cash or insurance bond.
Police received a call from a home in the Acorn Lake Trailer Park about 1:10 a.m. Feb. 5, saying a man had been shot in the stomach.
Capt. Joe McArthur said when deputies arrived at the scene, Washington was seated inside his car and Potter quietly surrendered to authorities.
Washington was taken by ambulance to St. Mary’s hospital in Detroit Lakes for treatment of an abdominal wound, but has since been discharged.
Court records say Donald Potter and his sister, Tammy Potter, lived together in a home at the trailer park.
According to the court complaint and McArthur, the two Potters had returned to the mobile home late Feb. 4. A short while later, Washington allegedly arrived and began pounding on the door demanding to be let in. Donald Potter refused his request.
Washington continued to pound on the door and eventually gained entry, even though it was locked. Washington then began walking down the hallway toward Tammy Potter, the complaint continued.
The complaint said Donald Potter grabbed the .410-gauge shotgun, confronted Washington and ordered him to leave. Washington continued walking toward Tammy Potter, the document continue.
As Washington continued to approach his sister, Potter fired the shotgun, hitting Washington in the stomach, according to the Becker County Sheriff’s Department.
The shotgun and one spent round were recovered inside the Potter residence by sheriff’s deputies.
Evans ruled the shooting was justified under state law, considering the circumstances.
McArthur said Tammy Potter and Washington had an off-on relationship, and have a young child between them.
There is a court protection order against Washington to stay away from Tammy Potter, resulting from a Feb. 11, 2002, conviction for felony assault against her and the child.
The court protection order is still in effect, according to Becker County Attorney Joe Evans.
The charge against Potter, being a felon in possession of a firearm, stems from an incident last summer. He was convicted of third-degree burglary June 5, 2002.
Potter’s sentencing guidelines prohibited him from possessing any firearms. The charge carries a maximum sentence of 15 years and a $30,000 fine.
Evans said the matter remains under investigation. Potter made a court appearance Feb. 10, 2003, and a bond study was ordered. It has not yet been determined whether charges will be filed against Washington, Evans said Tuesday. An omnibus hearing for Potter is set for 1:30 p.m. Feb. 24.
http://www.frazeeforum.com/frazeeforum/myarticles.asp?P=614754&S=284&PubID=10603&EC=0