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New Mexico man charged with assaulting Darby marshal

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A 43-year-old New Mexico man was charged Wednesday for allegedly grabbing the Darby town marshal’s throat during a scuffle that occurred at the time of his arrest.

Bobby Ray Terry appeared before Ravalli County Justice Jennifer Ray on a felony charge of assault on a peace officer and misdemeanor count of disorderly conduct.

The charging affidavit said the Darby deputy marshal was dispatched to the Big Cat Café in Darby on Tuesday for a report of a customer being aggressive toward other customers.

The café’s manager and a woman told the deputy marshal that Terry had been “acting odd, abusive and aggressive” while in the café and had challenged another customer to a fight.

While the other customer refrained from fighting, the two said the incident was disturbing.

During their conversation, they noticed Terry standing on the corner of the street. The deputy marshal recognized him from an earlier contact he had with the man.

When the deputy marshal approached Terry, the affidavit said the man became hostile and abusive in his language. Terry allegedly aggressively approached the deputy marshal and only backed off after the officer pulled out his Taser.

The town marshal joined his deputy and the two determined Terry posed a public safety risk and decided to arrest him. They located Terry standing in the door that led into the basement of a church.

When the officers approached him, Terry backed down the stairs into the basement of the church where he remained for several minutes before re-emerging while attempting to hand the officers some sandwich cookies.

The marshal told Terry he was under arrest for disorderly conduct.

Terry informed the officers that he wouldn’t be arrested and turned back toward the steps, the affidavit said. The two officers then grabbed Terry’s arms and a struggle ensued.

During the time, the affidavit said Terry grabbed the marshal by the throat and hung on during the duration of the altercation.

Eventually, the deputy marshal was able to get Terry to the ground and attempted to roll him onto his stomach so he could be handcuffed. After Terry continued to struggle, the marshal deployed his taser in order to detain the man.

The marshal ended up with a 2-inch cut on his left hand as a result of the altercation.

After Terry was booked into the Ravalli County Detention Center, the deputy marshal spoke to a man who was in the 406 Saloon earlier that day having lunch.

That man reported that Terry was in the business at the same time. The man witnessed Terry ask a bartender if the establishment provided free drinks to those who gambled. When he received an affirmative reply, he asked for change, sat down at a machine and got his free drink.

Immediately after the drink arrived, Terry left the machine and approached the man having lunch. The man said Terry began to harass him and asked him to fight.

The man told the deputy marshal that Terry’s behavior was disturbing and that he had armed himself with a fork in case Terry assaulted him. The man reported that Terry made threats to kill him.

Ray set bail at $10,000.

In other justice court news:

Luke Andrew Nickelson, 20, of Florence was charged with felony criminal mischief.

The charging affidavit said an altercation occurred in Hamilton Tuesday after Nickelson allegedly refused to leave the house where he had been staying after being released from the Ravalli County Detention Center.

The man he had been staying with told officers he had retreated to his pickup truck and locked himself inside.

Nickelson allegedly came out of the residence and began yelling at the man. The affidavit said Nickelson then began walking around the pickup truck and tore off both side mirrors and put two large dents in the vehicle by kicking it.

Nickelson’s actions were captured on video from inside the truck. The damage appeared to be in excess of $1,500.

Ray set bail at $5,000.


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