August 17, 2005 in Idaho

Sheriff’s deputy describes shooting in court

By The Spokesman-Review
 

A Hayden man who prompted a 10-hour standoff after allegedly shooting a Kootenai County Sheriff’s deputy last month was returned to jail on the charge of attempted murder following his preliminary court hearing Tuesday.

Kootenai County Sheriff’s Deputy Dennis Stinebaugh described during the hearing being shot by 48-year-old Daniel Deisz in Deisz’s garage July 19.

Stinebaugh had come to the house at 9260 N. Castle Way with three other officers to help Deisz’s estranged wife get her computer and a file cabinet.

The officers came with a protection order authorizing them to assist Mary Yates-Deisz in retrieving items she needed from the home, he and other officers testified. They testified that they came with extra officers because prior contacts with Deisz left them concerned.

When Deisz didn’t respond to phone calls and orders from two officers to open the front door, Sgt. Barry Alleman joined Stinebaugh and Deputy Jeremy Young in the garage.

Young used a key, given to officers by Yates-Deisz, to open the door separating the garage from the house.

“The intent was to try to get him to come out, knowing there was weapons in the house,” Young testified.

After Young opened the door, it swung shut again. When he pushed it open again, Stinebaugh used his foot to prop it open. At that point Stinebaugh saw the handgun coming around the corner of the laundry room door inside the house toward him, he said.

“I could see the gun coming around and arms and the person turned and faced directly at me,” testified Stinebaugh, who has been on the force about six years.

Deisz was holding the gun with both hands and fired, Stinebaugh said, and the bullet pierced his lower shirt pocket and exited by his gun holster, blowing off a lug on his holster.

Stinebaugh was saved from injury by his bulletproof vest and the officers retreated into the garage for cover. They didn’t shoot back, they said, because they knew a woman was in the house with Deisz.

The woman soon left, but Deisz refused to leave. The officers were soon backed by more from several agencies, and a statewide SWAT team responded to assist with getting Deisz out of the home.

He was finally forced out with tear gas at 1:30 the next morning.

Magistrate Judge Robert Burton continued the preliminary hearing, because one officer wasn’t available to testify on the related charge of aggravated assault.

But Burton said that, unofficially, he found probable cause for the attempted murder charge and ordered Deisz back to jail to be held on $500,000 bail.

If probable cause is found in the aggravated assault charge – which involves the allegation that Deisz also pointed the gun at Sgt. Barry Alleman – then Deisz will face both felonies in District Court.


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