Threats prompted shooting, Dolores man claims in trial

Threats prompted shooting, Dolores man claims in trial

Mar. 22, 2001

By Aspen C. Emmett
Journal Staff Writer

A Dolores man who admittedly opened fire on three brothers who were attempting to collect on a debt claimed he was scared for his life because the three men had been threatening and harassing him in their collection efforts.

Harry B. Williams, 33, faces charges in district court of felony menacing, prohibited use of a weapon, illegal discharge of a firearm and reckless endangerment, as a result of the incident. Although no one was injured, the truck the men were retreating in was struck by three bullets. Both prosecution and defense testimony concluded Wednesday evening and the jury will hear closing statements this morning. The trial began Monday.

Brothers Jim, Daryl and David Whatcott of La Plata Stucco testified that they had gone to Williams’ house by invitation, in the afternoon of June 11, to pick up a check for work they had done on Williams’ home more than six months prior.

"He had called and said there was a check and we were simply going to pick it up," David Whatcott said.

The Whatcotts stated that two of the brothers Jim and David, approached Williams, who was on the phone when they arrived, and quickly learned that Williams was on the phone with 911 requesting an officer to respond because of the brothers’ presence. The third brother said he had stayed back at the truck.

Jim Whatcott told the court that he had told Williams they were just there to pick up a check but that Williams continued to insist to the dispatcher that he needed police assistance.

"I didn’t realize there was a situation, and he was on the phone to the police," Jim Whatcott said.

An argument ensued between Williams and the two men "on the fringe of the garage" and Williams allegedly shoved them both, telling them that they were trespassing and to leave. Jim Whatcott said he then slapped the man’s hand away and David Whatcott asked Williams if they were going to get the money or if they were going to have to turn the matter over to their attorney.

David Whatcott said Williams turned around and walked inside the house.

"I said, ‘Well, I guess we’ve got our answer,’ and we turned around and walked back to the truck," David Whatcott said.

All three Whatcotts testified that they had gotten into the truck and were backing out of the driveway when they heard a bullet hit their truck. Jim Whatcott said he then put the truck in drive and sped forward, up and over a berm to get to the main road. However, bullets managed to find the truck two more times before the men got out of range.

Williams told the jury that the men had threatened to beat him up and he feared that they would not leave the premises, motivating him to fire his gun. Williams’ testimony contradicted that of the brothers, stating that the brothers were not retreating when he first fired his gun into the ground.

"I fired my first shot as a warning for them to leave," Williams said.

Williams told the jury that when he came out with his gun, the two passenger side doors were open and that he could only see one man. Upon seeing a second man near the back of the cab, Williams said he fired a second time, hitting the truck on the driver’s-side rear fender.

"I thought he was retrieving a weapon," Williams said. "I was very scared and I didn’t know what their reaction was (going to be)."

Williams said the brothers scrambled into the truck and began to drive, but stopped when they got on top of the berm so he fired a third shot that hit the tailgate.

"I shot at them because they momentarily stopped," he said. "All I know is they were not leaving quickly."

Williams said the truck started forward again but stopped when it reached the road.

"I then shot at them one more time. . . because they stopped again."

The third bullet hit the metal around the truck window.

Williams said he had fired his gun because he felt threatened but had not been shooting directly at the brothers.

Prior to the incident, the Whatcotts said they had made several attempts to collect the $4,800 debt and on different occasions Williams had agreed to pay them, yet had never followed through.

However, just days before the incident, David Whatcott said he had received a phone message from Williams informing them they could stop by to pick up a check.

Williams told the jury that the phone call had taken place months prior and that the check had never been picked up. Moreover, Williams said he had been receiving harassing phone calls all along and that his front door had recently been kicked in. He said he suspects the perpetrator was Daryl Whatcott because the same day there had been a message from him on his machine demanding payment.

Although a police report was filed, there were no charges filed. Williams said that once his door was kicked in he became frightened of the Whatcott brothers and had decided he was not going to pay them anything for their work.

"I had a check for them for over a month before my door was kicked in."

The Whatcott brothers said they have never been paid for the work they did for Williams.

District Attorney Joe Olt said, if convicted on all four counts by the jury of for women and nine men, Williams could face up to 17 years in jail and $201,750 in fines.