A 26-year-old man is accused of assaulting, binding and holding an acquaintance at gunpoint before the victim gained control of a pistol and shot the defendant in the leg last month at a Spokane Valley apartment.
Luke J. Payne was taken to Providence Sacred Heart Medical Center for the gunshot wound that broke his right femur, according to an affidavit filed in Spokane County Superior Court. He faces kidnapping, robbery and other charges.
Shortly after midnight on May 17, Payne and an acquaintance, 27-year-old Michael Evans, were sitting on the couch at Evans’ apartment on Sixth Ave., Evans said in the affidavit. He told police that Payne punched him in the face and zapped him with a stun gun several times. Payne then took Evans’ 9 mm pistol from a living room desk, chambered a round and pointed the handgun at Evans.
Evans told police Payne started stealing jewelry from the apartment before forcing Evans into his bedroom at gunpoint. He said in the affidavit that Payne bound Evans’ hands and feet behind his back and used a brown belt to choke Evans. Evans broke free of the restraints and started taking off the belt, according to documents.
Evans told police Payne forced him at gunpoint to a neighboring apartment unit, which Payne shares with his girlfriend, Laura Goodell, and put him in the closet. Evans had Goodell escort Evans at gunpoint back to his apartment with the 9 mm handgun Payne left with Goodell. Evans told police he saw Payne moving guns from a locked wooden gun case in Evans’ bedroom onto Evans’ bed. Goodell gave the 9 mm pistol back to Payne, who again pointed the gun at Evans, documents said.
Evans said in the court documents he saw his cocked and loaded .45 caliber pistol on the bed. Fearing Payne would kill him, Evans lunged for the gun when Payne turned away.
He and Payne struggled for the gun but eventually Evans shot Payne, Evans told police. He continued to “struggle” with Payne and tried to pull the trigger again but it malfunctioned. Evans held Payne at gunpoint until police arrived.
Deputies saw Payne lying on the bedroom floor and several firearms on a bed when they arrived, documents said.
A detective recovered a black stun gun, brown leather belt, several firearms, a possible bullet fragment, a .45 caliber fired cartridge casing and several cellphones from the apartment, according to documents. A deputy took a .45 caliber pistol from Evans.
A detective noticed ligature marks on Evans’ neck and a large bruise on the left side of his face. The detective said Evans had several other fresh marks on his body.
Evans said Payne is a member of the Severely Violent Criminals gang, according to the affidavit.
Payne is scheduled for an arraignment Wednesday in front of Spokane County Superior Court Judge Tony Hazel. He faces charges of first-degree kidnapping, first-degree robbery, first-degree burglary, second-degree assault with a deadly weapon, second-degree assault by strangulation and six counts of second-degree unlawful possession of a firearm.
Payne is a convicted felon for grand theft and burglary in Idaho, documents said.
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