Jan. 10—A 53-year-old man who is legally blind accidentally shot his friend in his leg, which was previously amputated below the knee, while trying to kick a roommate out Thursday in Spokane’s North Hill Neighborhood, according to court documents.
Dan D. Phelps was arrested on suspicion of first-degree assault for trying to shoot his roommate, Daniel Perkins, while the gunshot victim and Phelps’ friend, Joey Anselmo, did not want to press charges, court records show.
Police were dispatched at about 6 p.m. for the shooting at 4507 N. Hawthorne St., according to documents.
Phelps’ son told police he lives with Phelps and Perkins, and that he and his father have been trying to evict Perkins for several months.
The son told police he and his father changed the locks while Perkins left the residence Thursday. At about 3 p.m., Perkins broke into the basement bedroom window where Perkins was staying, the son told police.
He said his father returned home at about 5:45 p.m. and was upset Perkins returned to the house. Phelps called his friend, Anselmo, saying they were going to “drag him out themselves,” the son said in documents.
He told police his father armed himself because Perkins made comments like, “I got friends coming over tonight … y’all are gonna be sorry.”
He said Anselmo arrived shortly after and went into the basement with Phelps to confront Perkins, documents say.
The son said he was upstairs when he heard a gunshot, according to documents. He then heard Phelps apologizing to Anselmo for shooting him.
He said his father then fired his gun three or four more times into Perkins’ door. He told police he believed his father fired more shots out of anger because his father has a temper and was angry for shooting his best friend.
He told police he and Anselmo told Phelps to stop shooting, and he complied.
Perkins told police he has been looking for a new residence since Phelps has been trying to get him to move out for the last month and a half.
He learned he was locked out of the home that afternoon and called police for help, according to court records. He said an officer responded and explained he could gain access however he needed since he lived there, so Perkins entered through the basement bedroom window.
Police later determined Perkins was a legal resident of the home and Phelps did not have a right to force his way into Perkins’ bedroom, documents say.
Later, he heard Phelps and Anselmo banging on his bedroom door and yelling for Perkins to get out. He then heard a loud “bang,” followed by Anselmo screaming and Phelps saying he was sorry.
Shortly after, Perkins heard two more “bangs” and saw what he described as “shrapnel” coming through the door. He told police he climbed out his window to leave the home once police arrived.
Anselmo, who was taken to Providence Sacred Heart Medical Center, told police he knocked on Perkins’ door and heard a loud “pop” followed by a burning sensation in his left amputated leg. He initially thought the shot came from inside the room where Perkins was but soon realized he was shot from behind by Phelps.
He told Phelps, “You shot me,” and Phelps started apologizing and said it was an accident, Anselmo told police.
Police wrote the bullet struck Anselmo in the knee and his artificial leg, which is attached just below the knee.
Phelps told police he is legally blind and can only see forms of light and some “shadowy movement.” He said he has been trying to get Perkins to move out because he wants his son to move in. He told police he was angry Perkins returned after he changed the locks earlier in the day.
He said Perkins refused to open the door, and he went upstairs to retrieve his handgun because he felt the situation was escalating, according to documents.
Phelps said he then heard the bedroom door shaking and believed Perkins might be coming out.
Phelps told police he feared for his safety because of his limited vision and fired a single shot into the door, accidentally striking Anselmo with the bullet. As he was helping Anselmo up the stairs he fired another round into the door.
Shortly after, he accidentally discharged a third round by mistaking the hammer of the gun for the trigger, Phelps told police.
Phelps made his first appearance Friday in Spokane County Superior Court, where his bond was set at $2,500. He remained in jail Friday night.
Phelps is scheduled for an arraignment Jan. 22.
Spokane Police Officer Daniel Strassenberg said Anselmo has been released from the hospital.