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First court appearance for men accused of assault

| August 20, 2008 12:00 AM

Nick Ianniello

Mineral Independent

Three Missoula County men made their first appearances in court Wednesday, July 13 in front of Judge John Larson in an Alberton assault case.

According to their affidavit, Christopher Harris, 21, John Pangborn, 21, and Anthony Lee Maier, 18, are being charged with the felony of aggravated assault. Maier may be alternatively charged with accountability for aggravated assault if it is found that he did not actually assault the victim.

According to the affidavit, on the night of July 29, Alberton resident Sean Patrick Barry was assaulted in his home by three men.

Barry named Harris, Pangborn and Maier as the men who assaulted him.

The affidavit said that, during the investigation, officers from the Mineral County Sheriff’s office obtained a statement from Maier admitting that on the evening of the assault he went to Barry’s home and persuaded him to open his door and step outside.

Maier went on to say that once Barry was outside Harris and Pangborn attacked him. Maier said that he did not participate in the attack and he fled the scene after it began.

According to the affidavit, Barry maintains that Maier also participated in the attack that resulted in a fracture to the left orbit of his eye socket, cutting, bruising and splitting his lower lip, injuries to his jaw and blackened eyes. The document further says that Barry suffered such severe blows to his head that blood ran from his ears and he had to be transported to St. Patrick Hospital in Missoula for emergency treatment.

The affidavit said that the Mineral County Sheriff’s office has obtained witness statements that Harris, Pangborn and possibly Maier were seen with indications, including scraped bloody hands and blood on their clothing, that they had been in a “serious physical altercation” on their bodies the evening of the incident.

Maier was arrested on Aug. 1 and Pangborn and Harris were arrested on Aug 6. They are all being held on a $25,000 bail bond.

During their initial appearances Wednesday, attorneys for Harris and Pangborn brought witnesses to attest that, if the pair was released on their own recognizance, that they would be supervised.

Harris’s mother, Chanel Harris spoke on his behalf and his father, Ryan Harris, spoke for Pangborn.

Chanel Harris, an assistant Manager at Nine Mile House in Frenchtown, said that her son is a cook there and has a 20-month-old child at home. She said that if he were released he would spend most of his time working and caring for the child.

Harris added that this was her son’s first adult offense and promised that he would make all of his court dates.

Mineral County Attorney Shaun Donovan said in response that he did not think that Harris could effectively watch her son constantly and that the seriousness of the charges involved made the high bail bond necessary.

Larson agreed and ordered that Harris be kept in custody and maintained that his bail stay at $25,000.

Ryan Harris, a manager at Nine Mile House, told Larson that Pangborn and his son had been friends since they were children and that he would take responsibility for Pangborn in the same way that Chanel Harris had offered to take responsibility for their son. He added that this was also Pangborn’s first offense.

Donovan reiterated his concerns about Harris’s ability to supervise Pangborn and also presented the court with a warrant for Pangborn’s arrest from San Bernardino, Calif.

Pangborn acted surprised to see the warrant and maintained that there must be some mistake.

Larson decided not to release Pangborn either and kept his bail bond at $25,000.

Maier’s attorney asked the court if he could be released into house arrest with his mother in Missoula. While Donovan agreed that the concept of house arrest in Missoula was better than allowing Maier back into an emotionally charged community, he said that the offense was very serious and that bail should be maintained. Larson kept Maier’s bail at $25,000.

Mineral County Justice Court Judge Wanda James said Monday that warrants had been issued for three other men in a related case.

David Abramavage, 47, was arrested Saturday evening and charged with criminal mischief, misdemeanor assault as well as violation of an Alberton regulation regarding disturbing the peace. Warrants have also been issued for Earl James Perrine, 26, and Jesse Bacon, 41, for the same charges but the two are still at large.

“They would be better off if they just turned themselves in,” James said Monday morning.