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Shootout victim in custody on attempted robbery charge

by CALEB SOPTELEAN/Daily Inter Lake
| July 31, 2010 2:00 AM

A man with nearly $1 million in medical bills related to a December shootout was jailed Thursday.

Bryan Keith Schloss went before Judge Katherine Curtis on a charge of attempted robbery.

It was Schloss’ first court appearance, and he flew in from Pittsburgh, Pa., defense attorney Courtney Nolan said.

Schloss appeared on his own recognizance, but prosecuting attorney Alison Howard requested a $50,000 bond. Judge Curtis noted the seriousness of the charges against Schloss, including a separate criminal endangerment offense from July 23, 2009, and set bond at $25,000.

Curtis said she would be willing to consider lowering the bond if a house arrest can be arranged.

Schloss is accused of being involved in a Dec. 5 robbery attempt that went awry and ended in gunfire inside a vehicle.

Court documents state that Schloss was involved in a shootout with David Michael Palumbo on Four Mile Drive west of Kalispell.

A badly injured Schloss allegedly was dropped off at Kalispell Regional Medical Center by Bo Hanger, who also was charged with attempted robbery and tampering with evidence. Hanger faces an Aug. 26 trial at 9:30 a.m.

Hanger allegedly drove Schloss and Palumbo in a blue Honda CR-V that was riddled with bullets after the incident.

A charge of attempted homicide against Palumbo was dismissed on May 10 after defense attorney Jennifer Streano noted evidence from the CR-V was destroyed after the Flathead County Sheriff’s Office returned the vehicle to Robert and Leslie Hanger, Bo Hanger’s parents, without letting the defense attorney inspect it.

Streano said the state intentionally destroyed the evidence because the “state failed to file the required petition with the court to release evidence.”

The CR-V was turned over to the Flathead County evidence lab on Dec. 5, logged into an evidence sheet on Dec. 7, and a search warrant was issued for the sheriff’s office to inspect the vehicle on Dec. 8, but it was returned to the Hangers on Dec. 9 at their request.

“The defense didn’t have the opportunity to inspect the vehicle,” Streano said.

According to court documents, Palumbo said the shooting was in self-defense and that Schloss fired at him first.

Although the attempted homicide charge against Palumbo was dismissed, he reportedly later was picked up by federal authorities on charges of felony possession of firearms and conspiracy to sell drugs, Nolan said.

Howard also said Palumbo faces federal charges, although a check of the federal Bureau of Prisons Web site didn’t show Palumbo in custody.

Schloss allegedly picked up Hanger at a Whitefish Bar on Dec. 5 and asked him if he wanted to make $150.

The two allegedly planned to rob Palumbo, a supposed drug dealer from Evans, Wash. Schloss and Hanger picked up Palumbo outside Walgreens in Kalispell and proceeded to Four Mile Drive in Hanger’s CR-V.

A 9-mm handgun later was found along Four Mile Drive. A magazine in the gun matched a magazine found in Schloss’ pocket at the hospital, court records state.

A video taken at the hospital shows Hanger throwing an item into a garbage can, court records state. The item later was found to be a gun holster.

Schloss was shot multiple times with injuries to his face, hand and abdomen. He has had a tracheotomy and a lung and his liver were punctured, Nolan said. Schloss said Thursday that he has had 13 surgeries and had a toe removed and attached to his hand.

“I have not been working. It’s been a struggle to survive,” he said.

Schloss is on state assistance in Pennsylvania and has been living with a sister in Erie, Pa., he said. Nolan said Schloss is taking extensive medications that cost $2,700 a month. He has severe nerve damage and will go into seizures without his medicine, Nolan said. He is scheduled for surgery on his jaw soon.

Schloss also is charged with felony criminal endangerment and driving under the influence from a July 23, 2009, case where he reportedly was driving “all over the road, running red lights.” Schloss was arrested by Whitefish Police.

Earlier that day he was cited in Polson for driving on a suspended license and reckless driving.

Additionally, Schloss was arrested and released Wednesday on a misdemeanor bad check charge and an “extra-jurisdiction” warrant issued outside of Flathead County.

Reporter Caleb Soptelean may be reached at 758-4483 or by e-mail at csoptelean@dailyinterlake.com.