State v. Weddell

27 P.3d 450 (2001)

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Nature of the Case

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Facts

Weddell (D) operated a construction business in Carson City. On the evening of October 16^th, a person believed to be Bustamonte entered his premises in a Chevy Blazer. An employee of D’s approached the car, and it accelerated and struck him. The employee was threatened and was asked about D’s daughter. The employee was able to report the incident to the police and D. D learned the next day that the Bustamonte brothers were looking for his daughter for an alleged drug transaction. D provided the address to the police. Unsatisfied with the response, D proceeded to the address. When he saw the Blazer, he called the police. After fifteen minutes had passed and the police had not arrived, Bustamonte and a woman exited the house and walked to the Blazer. D then blocked the exit of the Blazer with his car. D pointed his gun at Bustamonte and ordered him to place his hands on the hood. After a disputed verbal exchange, Bustamonte turned and ran, and D shot at him several times. D was arrested and charged with assault with a deadly weapon and discharging a firearm at another. D was bound over on both counts, but the district court dismissed the indictments.