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10/14/2013

CHARGES FILED IN SHOOTING INCIDENT FROM OCTOBER 11TH

James William Kirk

Update:  10/14/2013:

Charges have now been filed in the incident that took place on the morning of October 11th at 32 Canvasback Drive in rural Mountain Home involving an altercation between two men that lead to injuries to both of them, including one man being shot in the leg.

The follow-up investigation was undertaken by Sheriff’s Investigator Sergeant Brad Hurst.  The results of the investigation indicated that JAMES WILLIAM KIRK was the aggressor and that the other man, GREGORY MILO HIGH, was defending himself from attack when he shot KIRK in the leg.  KIRK had already struck HIGH in the head with a 24 inch wrench and a jack handle causing injury to him.  KIRK later approached HIGH with a metal drive shaft from a tractor intending to hit him again.  HIGH repeatedly warned KIRK to drop the weapon, but he continued to advance.  It was then that HIGH fired one round from a Beretta 9mm pistol from approximately 8 feet away that struck KIRK in his left leg.

Prior to the shooting incident, GREGORY HIGH’s spouse told investigators she had received three phone calls from JAMES KIRK saying he was going to kill HIGH.

The investigation also revealed that during the previous evening, JAMES KIRK had fired a shotgun during the night for some unknown reason.  When processing this crime scene on October 11th , Investigators found a spent 12 gauge hull.  During an interview, KIRK admitted firing the shotgun that night because he heard a noise.  Inquiries into the National Crime Information Center database revealed that KIRK was a convicted felon and thereby prohibited from possessing or using a shotgun or other firearm. 

Upon reviewing the case with the Office of the Prosecuting Attorney, the decision was made to charge JAMES WILLIAM KIRK with the following offenses:

Battery in the Second Degree – Class D Felony
Terroristic Threatening – Class D Felony
Possession of Firearm by Certain Persons (convicted felon) – Class D Felony

JAMES WILLIAM KIRK, who was already in custody on a misdemeanor Criminal Trespass charge from October 12th, will appear in Circuit Court on October 17th on the new felony charges.  He is currently being held in lieu of $25,000 bond.

Sheriff John Montgomery

Original Release 10/11/2013:

The Baxter County Sheriff’s Office responded to a 911 at 32 Canvasback Drive, Northwest of Mountain Home. The caller stated there had been an altercation between two men with one being hit in the head with a pipe and the other man being shot.

Baxter County Deputies Sgt. Ken Grayham and Lieutenant Rick Lucy arrived and secured the scene. Paramedics with Baxter Regional Medical Center and First Responders from the Mountain Home Fire Dept. arrived and both men were transported to the hospital.

Sheriff’s Investigators arrived and began collecting evidence and interviewing witnesses. The preliminary investigation reveals that the witness who called 911 and one of the two men, 49 year old James William Kirk were living in a shop building owned by the 2nd man, 58 Year old Gregory Milo High of rural Mountain Home. It is believed the two men became involved in an altercation that became physical, with Kirk striking High in the forehead area with a 24 inch crescent wrench and High shooting Kirk with a 9mm Berretta semi-automatic handgun in the upper thigh area of the left leg.

Gregory High was treated and released from Baxter Regional Medical Center this afternoon. James Kirk is currently in ICU at Baxter Regional Medical Center with what is believed to be non-life threatening injuries.

It is unknown at this time what started the altercation. The investigation is continuing into the incident.

Sheriff John Montgomery

 

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