Man shot by police pleads not guilty

A man shot multiple times by Kalispell Police officers in January pleaded not guilty Wednesday morning to felony assault on a peace officer.

Ryan Pengelly, 30, winced and grimaced his way through the proceedings on Tuesday after walking into court with the assistance of a walker.

“I am not guilty of these charges,” Pengelly told Flathead District Judge Heidi Ulbricht.

Pengelly was shot after two Kalispell Police officers entered his home at 145 Looking Glass Ave. the afternoon of Jan. 12 in response to a call that his mother, Bonnie, was homicidal and suicidal.

According to news releases from police, Bonnie Pengelly began screaming and was combative with police.

Pengelly, who had been asleep after working the night shift as a taxi-cab driver, emerged from a bedroom with a loaded rifle.

The two uniformed officers fired on him after telling him to drop his gun.

Pengelly, a decorated Army veteran who served two tours in Afghanistan and one tour in Iraq, told the Inter Lake he is not a criminal but he did not realize the officers were police.

That assertion is critical to the case, according to Peter Leander, Pengelly’s pro bono attorney.

“One of the elements of the charge is that he knew they were police officers and purposefully put them in fear of their well-being,” Leander said. “Given all the dynamics of this case, including but not limited to the traumatic brain injury he suffered in Iraq, I believe that we will be able to show that was not the case.”

Leander has been working with the Brain Alliance of Montana and other veterans organizations to research the issues in the case.

The Flathead County Sheriff’s Office investigated the shooting and determined that the officers who shot Pengelly were justified. The complete report has not been made public.

“We appreciate that officers may have feared for their well-being, but that does not make Ryan guilty of an offense,” Leander said.

The case is tentatively set for trial in September.