![\"\"](\"https:\/\/www.azuse.cloud\/wp-content\/uploads\/2020\/05\/police-badge-300x300.jpg\"){kind=icon}
<\/p>\n<\/p>\n
I’m a big fan of LEOs. Our local Sheriff’s Deputies are first rate- polite, professional, and well trained. I run into them, and the Sheriff, at our local Sportsman’s Club’s rifle and pistol ranges all the time. Unfortunatly this professionalism isn’t the case everywhere. Couple that with no-knock, Red Flag type laws, and trouble is bound to occur. Like this:<\/p>\n
By: SCOTT SHINDLEDECKER<\/strong><\/p>\n A trial date has been scheduled in the case of a Kalispell war veteran who sued after he was shot by two Kalispell Police Department officers inside his home more than four years ago.<\/p>\n Ryan Pengelly, 35, filed a lawsuit in January 2019 against the city of Kalispell and Flathead County, along with Kalispell Police Officers Chad Zimmerman and Eric Brinton, and Sheriff\u2019s Deputies Geno Cook and Kipp Tkachyk.<\/p>\n Court documents dated March 19 indicate U.S. District Court Judge Dana Christensen ruled some parts of the case could be determined through summary judgments, but a jury would decide other parts of the suit.<\/p>\n Some parts of the suit were dismissed, including claims made against Flathead County, Cook and Tkachyk. Both officers investigated the shooting.<\/p>\n Pengelly is seeking damages to compensate him for lost wages, emotional distress and hundreds of thousands of dollars in medical bills. He argues the officer violated his constitutional rights by entering a home without a warrant and using excessive force.<\/p>\n In the incident that started the proceedings, Pengelly was shot four times by Zimmerman and Brinton during an armed confrontation Jan. 12, 2016, as they attempted to take his mother, Bonnie, into custody at their residence on Looking Glass Avenue.<\/p>\n The lawsuit alleges both Kalispell police officers entered the home without an arrest warrant for Pengelly\u2019s mother, who had well-documented mental-health issues.<\/p>\n According to court documents, Brinton, who had been in law enforcement less than two years, received information that Bonnie was threatening to do harm to herself or her \u201cdaughter-in-law.\u201d When he spoke to Bonnie\u2019s supervisor at work, she said the threat wasn\u2019t imminent, but she \u201cjust wanted the police to look into it.\u201d<\/p>\n According to the complaint, one of Bonnie\u2019s co-workers told Brinton her son owned military-grade weapons. It also claims Brinton told Zimmerman he intended to arrest Pengelly\u2019s mother, despite Zimmerman allegedly saying \u201c99.9 percent of the time\u201d these reports are \u201cjust someone running their mouth.\u201d<\/p>\n Additionally, the lawsuit alleges when Zimmerman and Brinton arrived at Pengelly\u2019s residence and spoke with his mother, they didn\u2019t identify themselves as police officers, why they were there and didn\u2019t turn on their audio recorders.<\/p>\n Court filings also assert that after they completed their investigation, Tkachyk and Cook didn\u2019t recommend filing charges against Pengelly because he didn\u2019t know Zimmerman and Brinton were police officers.<\/p>\n But Deputy County Attorney Stacey Boman disagreed and charges were filed against Pengelly for felony assault on a peace officer. The charges were ultimately dismissed with prejudice upon Boman\u2019s own motion.<\/p><\/blockquote>\n