Trial Ordered In Post Falls Shooting Case Man Accused Of Firing Through Apartment Wall, Paralyzing Sleeping Neighbor

A Post Falls man accused of accidentally shooting his neighbor will stand trial, a Kootenai County judge ruled Tuesday.

Shatana S. Pole, 22, likely pulled the trigger of a .357 Smith & Wesson revolver that fired into his apartment wall. The bullet hit his neighbor leaving her paralyzed from the ribs down, 1st District Magistrate Benjamin Simpson ruled.

Kootenai County prosecutors allege Pole had been drinking the night of July 7.

In the early hours of July 8, he was playing with his weapon at his triplex, when the gun went off. The bullet went through the apartment’s adjoining wall and struck 20-year-old Tara LaCelle, coming to rest against her spinal cord, police said.

Prosecutors allege Pole pointed the loaded gun at his roommate Larry Sherrod, spinning the chamber as in a game of Russian roulette.

Pole has been charged with aggravated assault, unlawful discharge of a firearm at a dwelling and aggravated battery. Prosecutors also are seeking additional weapons enhancement charges, which could add 45 years in prison.

“There is no evidence but that he intentionally, if not willfully, pulled the trigger,” Deputy Prosecutor Rick Baughman told the court. “He intentionally intended to fire the gun.”

Fellow roommate Josh Dolan, 21, testified Tuesday he and his roommates had been drinking heavily with friends that night.

Dolan said after they returned home, he looked into Pole’s bedroom and saw him holding the handgun.

“He pulled the hammer back (and) slowly released it a few times,” Dolan said.

Later, Pole, Sherrod and Dolan were standing in an upstairs hallway talking. Pole had the gun in his hand, Dolan said. Later, as Sherrod turned to head to his own bedroom, the gun went off, Dolan said.

“Shatana had it in front of him,” Dolan said.

After the gun went off, Dolan left on a bicycle for a friend’s house. Sherrod and Pole arrived there later, he said.

Throughout much of Dolan’s testimony, Baughman focused on whether the man was telling the truth.

Prosecutors said his roommate Sherrod lied about his story to police and changed his written statements.

Baughman argued that Dolan appeared to have selective memory when trying to recall the night’s facts.

Simpson appeared to agree.

“This witness has a singular lack of memory,” he said, noting he would allow Baughman more leeway in questioning Dolan.

During the entire testimony, Pole sat quietly looking at the defense table.

During the first half of the preliminary hearing last month, Baughman also tried to have Sherrod ruled a hostile witness.

“What we have here is a credibility issue,” Baughman told the court Tuesday.

During closing arguments, defense attorney James Siebe argued that the state had failed to prove his client intended to hurt people.

“The facts are woefully inadequate for my client being bound over on any one of these three charges,” Siebe argued. However, Simpson disagreed in the end and sent the case to 1st District Judge Craig Kosonen.

“This is a very difficult case in many respects,” Simpson said. “Tara LaCelle’s life will forever be changed.”

Angie Gaddy can be reached at (208) 765-7124 or by e-mail at angieg@spokesman.com.