Charges from shrimp fight dismissed

 

Staff Report
Published/Last Modified on Saturday, August 12, 2006 10:04 PM MDT

MONTROSE — Charges against a man accused of starting a food fight that turned violent were dismissed with prejudice in an Aug. 1 motion by the district attorney.

Lester Bramlett, 52, had been accused of third-degree assault in a May disturbance on Poison Springs Road.

Brian Noel, 45, of Virginia, was also at the residence and alleged to police a fight broke out after Bramlett pelted him with shrimp, then hit him in the back of the head, kicked him and shot him as he was on the floor. Noel also reportedly said he was able to get the gun away and shoot at Bramlett in order to scare him and that Bramlett fled the residence.

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Investigators reported from the beginning that they could not find evidence a shooting had taken place. According to an affidavit, Bramlett said he’d tossed a shrimp over Noel, to his wife, and that he and Noel then argued to the point of getting into a fist fight. He alleged Noel had punched him.

“The victim (Noel) admits that he made false statements to law enforcement in order to incriminate the defendant,” the DA’s Aug. 1 motion to dismiss read. “The people cannot bear their burden of proof.”

A dismissal with prejudice means the charges cannot be filed against Bramlett again.

In a July 26 letter contained in his public file, Noel alleged he’d been forced to retract his statement and insisted he’d been injured in the incident. He also said he was destitute, with “nothing but the clothes on my back” and asked the court to contact investigators in Bedford County, Virginia. Having failed to appear one day before the letter was dated, Noel asked to be given a chance to make it back to Montrose.

According to court records, Noel was charged with assault as a class-1 misdemeanor and other offenses. He is next due in court at 3:30 p.m. Aug. 29.
 

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