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Local man accused of assaulting wife pleads innocent

by Eric Schwartz/Daily Inter Lake
| October 22, 2010 12:00 AM

The Flathead County man accused of kidnapping and assaulting his wife and firing a gun in the direction of police officers during a three-hour standoff in 2009 pleaded innocent to four felonies Thursday in District Court.

Zachariah Torres faces a maximum sentence of 60 years in prison if convicted of charges of aggravated assault, criminal endangerment, burglary and assault on a peace officer. It was the third time he’s entered a not-guilty plea related to the incident.

His trial is scheduled to begin Nov. 29.

Torres, 29 at the time, was arrested by Kalispell police after surrendering at a Howard Drive home surrounded by SWAT teams May 28, 2009.

According to court documents, the ordeal began when Torres broke down the door of a home on Ashley Drive and forcibly removed his wife from the residence.

He allegedly bashed her head on a windshield hard enough to shatter the glass en route to his home on Howard Drive. Once inside the home, he waved a gun and threatened to kill her, himself and police, according to court documents.

Both the Kalispell and Flathead County Sheriff’s Office sent SWAT teams to the scene where officers heard the woman screaming and crying on the second floor of the residence.

When Torres noticed the growing police presence outside, he allegedly fired a gunshot from the second story of the home through a sliding glass door, missing a Kalispell police officer posted outside, according to court documents.

He eventually released his wife, who told officers Torres had fired one shot into the ceiling and another in the direction of law enforcement. She initially claimed that he had positioned her as a human shield, according to court documents.

 After exiting the home and surrendering, Torres said the second gunshot was an accidental discharge resulting from a physical struggle with his wife.

The Flathead County Attorney’s Office initially charged Torres in May of 2009 with five felonies, including a charge of aggravated kidnapping. That alleged offense was not included in the latest filing by prosecutors, who have amended the charges three times.

Torres’ attorney John Quatman said his client has no previous felony charges and that charging documents overstate his actions. He said the kidnapping charge was dropped because Torres’ wife went with him willingly.

“She went with him voluntarily,” Quatman said. “They were having an argument and he came and talked with her. They left and went home together.”

Quatman said he will not be accepting a plea agreement if one is offered by the Flathead County Attorney’s Office.

Torres is currently free subject to conditions of release after posting bail.