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Man enters plea in shooting

by NICHOLAS LEDDEN/Daily Inter Lake
| October 25, 2007 1:00 AM

A Kalispell man accused of shooting another man in the back entered pleas to five charges Wednesday in Flathead County District Court.

During his arraignment, Kenneth Kraus pleaded guilty to one count of assault with a weapon and to two counts of criminal endangerment. He pleaded not guilty to one count of aggravated assault and one count of attempted aggravated assault.

Prosecutors originally charged Kraus with attempted deliberate homicide, but amended the charges after difficulty proving intent, said Flathead County Deputy Attorney Dan Guzynski.

Kraus shot Steve Gengler in the back with a .22-caliber pistol after a Feb. 5 argument, according to court documents.

Kraus and his wife hosted a Super Bowl party earlier that evening at their 10th Avenue West home, court documents show.

After the game the couple went to the Finish Line Cocktail Lounge and Casino, where Kraus got upset when others in the bar refused to let him play the drums during an open microphone session.

Kraus was called outside, where he got into an argument with Gengler and one of the bar's other patrons.

After the altercation, Kraus left the bar on foot and went home.

Gengler later gave Kraus' wife a ride to the home the couple shared. Gengler's girlfriend was also in the car.

While Kraus' wife was getting out of the car at about 3 a.m., she heard a window shatter, according to court documents.

Gengler had been shot in the back, according to court documents. The bullet, which has not been able to be removed, lodged in Gengler's spine, according to court documents. Gengler then drove himself to the hospital, court documents show. Gengler survived the incident.

In interviews with police, Kraus later admitted to firing a gun at Gengler's car, according to court documents. Detectives also found the .22-caliber pistol used in the shooting wrapped in cloth inside Kraus' drum set, court documents show.

Kraus faces 40 years in prison and a $150,000 fine for the three charges he pleaded guilty to on Wednesday. If convicted of the aggravated assault and attempted aggravated assault charges, he faces an additional 40 years in prison and a $100,000 fine.

Kraus was convicted of assault with a weapon in 2002 for attacking his wife with a hammer, according to court documents.

Reporter Nicholas Ledden can be reached at 758-4441 or by e-mail at nledden@dailyinterlake.com