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Spokane, Washington  Est. May 19, 1883

Man charged with attempted murder after shooting at Colville auto parts store

The Stevens County Courthouse in Colville is seen in January 2019.  (Tyler Tjomsland / The Spokesman-Review)

A shootout behind an auto parts store in Colville last month left one man with a bullet in his thigh and another in the Stevens County Jail facing an attempted murder charge.

Anthony W. Jones, 36, is accused of opening fire on Toby Gregory on July 10 in a parking area behind the O’Reilly Auto Parts store, where Jones’ wife worked. Jones believed his wife and Gregory were in a romantic relationship and trying to hide it from him, according to court records.

Colville police officers, a Stevens County sheriff’s sergeant and a U.S. Border Patrol agent responded to the store following reports of gunfire at about 3 p.m. By the time they arrived, an off-duty officer who happened to be in the area had detained Jones, and Gregory lay on the ground bleeding, according to court records.

Jones was read his Miranda rights but agreed to speak with officers at the scene and later at the jail, according to court records.

Jones told officers he got off work early that day and went to see his wife at the auto parts store, suspecting she might be with Gregory. He said his wife had long been cheating on him with Gregory and described a previous confrontation in which Gregory allegedly punched him the face, knocking him unconscious, according to court records.

When he arrived in the parking lot of the auto parts store and found his wife with Gregory, Jones said it appeared they had just kissed or embraced each other. Jones told officers he angrily confronted Gregory, who responded by throwing punches and reached for a gun holstered on his hip.

Jones told officers that when he saw Gregory reach toward his hip, “he knew it was time do some ‘cowboy’ things,” according to court records. “He stated that Toby (Gregory) didn’t mention the gun or unholster it, but made it clear to Jones he was armed. Jones said he had had enough of Toby’s interference in his marriage and felt like he needed to ‘level the playing field.’ ”

Jones then went to his wife’s car, retrieved her 9 mm handgun, put in a loaded magazine and aimed it at Gregory, he told officers.

Jones’ wife, in an interview with detectives, denied that Gregory had reached for his gun first. She said Gregory attempted to retreat and diffuse the situation. She said Jones began shooting at Gregory as soon as he had loaded her gun. She said she was “desperately trying to get the pistol away from Jones, but he would not listen to her,” according to court records.

Jones crouched behind his own car and fired about four rounds at Gregory, according to court records. Jones told officers he intentionally aimed low, but one bullet struck Gregory in the leg.

Afterward, Jones approached and goaded Gregory to shoot him, but Gregory would not. Jones fired his remaining bullets – about six of them – into the air, and then tossed his empty gun onto Gregory’s chest, according to court records.

Gregory fired two rounds during the skirmish, according to court records. He was taken to Providence Mount Carmel Hospital in Colville and then airlifted to Providence Sacred Heart Medical Center in Spokane to undergo surgery.

Charging documents indicate police did not interview Gregory on the day of the shooting.

One of Jones’ attorneys, Steve Graham, said Tuesday the police account of the shootout is misleading.

“I think the court documents make it look like a gunfight at the O.K. Corral, but we have submitted to the court that this was done in self-defense or the defense of others,” Graham said.

“My client wasn’t the first one there to brandish a gun, and I think it will be shown that there was no attempt to kill. At best, it was an intent to scare,” he said. “My client didn’t go to the location in question with a firearm, and he only retrieved his wife’s firearm because he felt it was absolutely necessary.”

Graham added he’s awaiting the results of a ballistics examination “to show whether or not the injured party was hit by a ricochet.”

Court records show Jones had his gun rights restored in 2017. They were revoked in 2005 when he was convicted of an earlier felony.

Court records also show Jones’ wife filed for divorce in March. The latest hearing in those proceedings was in June.

Jones was arraigned on July 21 and remained in the Stevens County Jail on Tuesday. A trial is scheduled for October.