A 29-year-old man has been arrested and faces charges of attempted murder, after a gunshot fired early Friday morning sent Nicholas Posey to the hospital, according to the Montezuma County Sheriff’s Office.
Andrew James Scott was arrested about 10 a.m. Saturday near Woody’s Food Stores, Sheriff Steve Nowlin said. He is in custody and appeared in court Monday.
During a party on Halloween that went into early Friday morning at 6150 U.S. Highway 160, Scott allegedly picked up a rifle and attempted to force everyone to leave, Nowlin said. Scott lived at the home off and on, Nowlin said.
About 2:30 a.m., a car carrying five people was departing from the party, when Scott allegedly shot at the vehicle, Nowlin said.
“As they were driving out, Scott fired one shot at the vehicle (that) entered through the right rear passenger window and grazed the head of Nicholas Posey,” Nowlin said. The bullet lodged in the front windshield, and appears to be from a long rifle, he said.
A woman in the car was hit by glass shards from the shot but was not treated, Nowlin said. The other three passengers were uninjured.
Posey, 24, was transported to Southwest Memorial Hospital for treatment. He has since been released, Nowlin said.
A search warrant was issued later Friday morning for the residence, and detectives found ammunition and a firearm at the scene, although they’re not sure whether it’s the rifle used in the incident, Nowlin said.
The Sheriff’s Office attempted to contact Scott on Friday, but deputies were unable to reach him, Nowlin said.
Deputies showed up at the home Saturday morning, but Scott apparently had left in a vehicle. Deputies caught up to him along U.S. 160 by Woody’s Food Stores about 10 a.m. and arrested him without incident, Nowlin said.
During a court appearance Monday, Scott was issued a $25,000 cash surety bond by Montezuma County Judge JenniLynn Lawrence. She also ordered Scott to transfer all firearms out of his possession, and that he not be in the presence of firearms.
District Attorney Will Furse had asked for a $75,000 cash-only bond.
He said the DA is evaluating the warrant’s allegation of attempted murder and added there is strong evidence for first-degree assault. According to the warrant, Scott allegedly asked people who were at the party to leave, and when they did not, he came out of a room with a rifle. As they left in a car, a shot was fired into the vehicle.
Scott’s public defender requested he be released on a personal recognizance bond because he does not have a criminal history and takes care of his wife who is a disabled veteran.
Lawrence expressed concern about the claim of Scott’s threatening gestures with a rifle and said there is probable cause the victim suffered a wound from a rifle Scott was holding.
She ordered the $25,000 cash surety bond, GPS monitoring and also required that all firearms be transferred out of Scott’s possession. Protection orders were issued for four people who were in the vehicle that was allegedly shot at.
The case remains under investigation. Scott’s next court hearing, for filing of charges, is Nov. 19.
Staff writer Jim Mimiaga contributed to this story.
