Federal grand jury indicts man accused of pulling gun on co-worker
Gerald Gonzales Garcia. (Photo courtesy the Flathead County Sheriff's Office)
A Flathead County District Court judge has dismissed a felony assault case against a man accused of pulling a gun on a co-worker in Kalispell last year following his indictment in federal court.
Prosecutors brought Gerald Gonzales Garcia, 61, up on an assault with a weapon charge in June. He pleaded not guilty at his arraignment the following month.
Kalispell Police officers arrested Garcia after responding to a disturbance involving a firearm at a U.S. 93 South hotel about 11:48 p.m., June 9, according to court documents. Garcia’s co-worker said the two — who were bunked up together — began arguing over Garcia’s frequent trips in and out of the hotel room.
Garcia allegedly pulled a gun from his waistband during the disagreement and pointed it at his co-worker’s chest.
The two fought and the co-worker eventually took Garcia to the ground before fleeing for safety, court documents said. The co-worker reported hearing a clicking sound behind him as he left, which he assumed was Garcia trying to fire the gun, according to court documents.
After arresting Garcia, investigators reviewed the hotel’s security footage. The video allegedly showed Garcia leaving the hotel prior to the arrival of officers and heading to several nearby shipping containers. Checking the area, authorities recovered a gun, court documents said.
In November, a federal grand jury indicted Garcia for possession of a firearm and ammunition by a prohibited person in U.S. District Court. Citing the indictment, Deputy County Attorney Larissa Malloy filed a motion to dismiss on Nov. 9.
“In the interest of preserving resources and justice the state would respectfully request this matter be dismissed so that [the] defendant may handle the allegations in his federal case,” she wrote.
Judge Danni Coffman ordered the case dismissed without prejudice the same day.
Garcia’s federal case remains pending in U.S. District Court in Missoula.
News Editor Derrick Perkins can be reached at 758-4430 or dperkins@dailyinterlake.com.