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O cers Cleared in Kalispell Shooting Flathead County Sheri ’s O ce completes investigation into Jan. 12 shooting
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BY JUSTIN FRANZ OF THE BEACON
Two Kalispell police o cers have been cleared of any wrongdoing following a shooting earlier this month that sent one man to the hospital.
The Flathead County Sheri ’s O ce conducted an investigation into the Jan. 12 incident on Looking Glass Avenue and concluded that both o cers — Sgt. Chad Zimmerman and O cer Eric Brinton — responded appropriately.
“After reviewing all available evidence and statements I feel that Sgt. Zimmer- man and O cer Brinton acted within Kalispell Police Department policy and Montana State Law,” said Flathead County Sheri ’s O ce Detective Com- mander Brandy Hinzman, who led the investigation. “It is the conclusion of the investigative team that the shooting was justi ed.”
According to the Kalispell Police Department, Zimmerman and Brinton responded to a call of a suicidal woman on Looking Glass Avenue at approximately 1:19 p.m., Jan. 12. The woman, later identi ed as Bonnie Pengelly, allegedly threatened to hurt herself and others and said her son had “multiple weapons” in the house that she could access.
Upon arrival, the o cers made con- tact with Pengelly at the front door. When they tried to take her into cus- tody, she resisted and ran back into the house screaming and trying to ght with
BRIEFS
Troy Woman Convicted of Sending Gun to Sen. Tester
A Troy woman was convicted in fed- eral court last week of trying to send a loaded gun to Sen. Jon Tester’s Washing- ton D.C. o ce last year.
Cathleen Roselyn Cantlon was found guilty on Jan. 20 of interstate mailing of a rearm and possession of a rearm by a person who has been committed to a mental institution during a two-day trial in U.S. District Court in Missoula.
According to court documents, U.S. Capitol Police received a report of a suspi- cious package on May 18, 2015 at the U.S. Senate mailing facility in Landover, Mary- land. The package was addressed to “home land Security and Sentoe Johns Tester.” The package’s return address was listed as Kootenai Drug True Value in Troy.
Capitol police technicians examined the package and found it contained a loaded .22 handgun, a knife, a can of pep- per spray and 53 rounds of ammunition. It also had miscellaneous papers and
the o cers, according to the department. Hearing the commotion, a housemate, James Malley, emerged from a back room where he was sleeping. Malley complied
with o cers’ instructions.
Ryan Pengelly, who had been sleeping
in another bedroom, heard the distur- bance, grabbed his loaded ri e and went into the front of the house. When Ryan Pengelly emerged from the back room, he pointed the weapon at the two o cers. When the o cers told him to drop the weapon and he did not, they opened re. Six total shots were red by the two o - cers, four of which struck Ryan Pengelly. O cers immediately called for medical personnel and began rst aid.
In an interview following the shoot- ing, Ryan Pengelly told investigators that the o cers had told him to put the weapon down but that they did not give him enough time.
“That’s probably what I did wrong, I pointed the ri e at him, it was wrong,” Pengelly told investigators. “If I would have known it was a police o cer I would have put it down immediately.”
Following the shooting, Ryan Pengelly was taken to the hospital for surgery. Bonnie Pengelly was also taken to the hospital for a mental health evaluation.
Malley told investigators that just prior to the o cers shooting, he heard a loud voice holler. According to the Kalis- pell Police Department, “he later told investigators that he recollects hearing
mail. During the investigation, a second package from Troy was found in the mail facility that contained an envelope with “Hazard Contaminated/Dirty Bomb” written on the side. In one of the packages there was a letter signed by Cantlon. In the letter to Tester, she wrote about men- tal health issues and the banking system.
Cantlon’s trial started on Jan. 19 and it took a jury about three-and-a-half hours to nd the woman guilty on both counts. Cantlon’s sentencing is set for May 5. She faces up to 10 years in prison and $250,000 in nes.
Man Who Fired Gun at Bar Sentenced to Department of Corrections
A Eureka man who red a gun at a Marion bar and was later arrested for dealing drugs was committed to 20 years with the Department of Corrections with ve years suspended.
Leif Logan Lee was sentenced in Flat- head County District Court on Jan. 21. The sentencing came seven months after
shots red, o cers hollering at Ryan Pengelly to drop it, put it away, get away from it.” Malley clari ed with investiga- tors that he was unsure of exactly what the o cers hollered prior to the shooting.
Bonnie Pengelly told investigators that one of the o cers hollered “gun” prior to the shooting.
During their interviews, both Zim- merman and Brinton stated that Zim- merman hollered “drop the gun” prior to shots being red. Zimmerman reported that the ri e was being pointed directly at him at the time he red.
The o cers were not wearing body cameras and their body microphones and dashboard cameras were not triggered because they hadn’t turned on the lights or sirens in their car when approaching.
Sheri Chuck Curry said the indepen- dent investigation was completed earlier this week and handed o to the Flathead County Attorney’s O ce. County Attor- ney Ed Corrigan said Thursday that the case was under review and that it is unclear if anyone would be charged.
As a member of the U.S. Army, Ryan Pengelly served two tours in Iraq and one in Afghanistan, earning several med- als. In 2012, Pengelly and his wife were surprised with the new house on Look- ing Glass Avenue as a part of Operation Finally Home, a nonpro t group that builds houses for wounded veterans who have served in Iraq or Afghanistan.
jfranz@ atheadbeacon.com
Lee red a gun at a Marion bar, injuring two people on June 14. The following day, Lee called police and admitted to ring a weapon.
In September, Lee agreed to a guilty plea of two counts of criminal endanger- ment, but just days after his change of plea hearing he was arrested again and charged with two counts of criminal dis- tribution of dangerous drugs.
In November, Lee took a second deal in which he would agree to a guilty plea for two charges of felony criminal endanger- ment stemming from the June shooting and one charge of criminal distribution of dangerous drugs from the September incident. The second charge of criminal distribution was dropped.
During the Jan. 21 sentencing, District Court Judge Amy Eddy also recommended that Lee be placed in the Connections Cor- rections drug dependency program. Lee will get credit for time served and have to pay nearly $50,000 in restitution.
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JANUARY 27, 2016 // FLATHEADBEACON.COM
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