Quantcast
  1. Sign up now and join over 35,000 northwest gun owners. It's quick, easy, and 100% free!

WA jury clears man who pulled gun on bouncers

Discussion in 'General Firearm Discussion' started by RVNvet, Jan 17, 2010.

  1. RVNvet

    RVNvet Beaverton Member

    Messages:
    114
    Likes Received:
    17
    (From KATU online news)
    Good call, in my opinion.
    Max


    LONGVIEW, Wash. (AP) – A Longview man who pulled a gun on bouncers at a local bar has been found not guilty of second-degree assault.

    A jury determined that 29-year-old Brian Adam Barnd-Spjut acted in self-defense on the night of March 28.

    A security video showed bouncers from Kesler's Bar and Grill hauling the man down the bar's hallway toward a back alley. When thrust into an alley, he spun around and pointed the gun at three bouncers and the bar manager.

    Barnd-Spjut, who has a concealed weapons permit, said he displayed the gun because he feared the bouncers would beat him up. The jury, apparently, agreed.

    The verdict, though passed quietly on Jan. 16, is creating case law that later could impact how and where concealed weapons can be used.
     
  2. Bill Siegle

    Bill Siegle Oregon Active Member

    Messages:
    494
    Likes Received:
    184
    I'd think they would still have issue with him even having the gun in a bar. That's supposed to be a no no in WA according to what I have read and seen.
     
    mjbskwim and No_Regerts like this.
  3. clearconscience

    clearconscience Vancouver, WA Well-Known Member

    Messages:
    5,593
    Likes Received:
    7,155
    Yeah I was under the impression that you could NOT carry concealed in a place that more than 50% of their sales came from alcohol. I think my facts are a little off. But I thought that was very illegal.

    And it doesn't say if this guy was drunk/drinking?

    This out of any case you would think would have this guy in prison for years.

    It's cases like this that scare me about carrying. You just don't know whether your going to be within your rights to protect yourself or your going to get lynched.
     
  4. RVTECH

    RVTECH LaPine Well-Known Member

    Messages:
    4,262
    Likes Received:
    3,076
    Personally I think the guy is VERY lucky here considering his situation - he was in a bar and being dragged down the hallway and to a back alley. Is there any other information as to why he was being treated in this manner? I could make a pretty good guess.
     
    Brutus57 likes this.
  5. JAFO

    JAFO OR, USA Silver Supporter Silver Supporter

    Messages:
    556
    Likes Received:
    148
    http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.300

     
    Flopsweat, WasrNwarpaint and mjbskwim like this.
  6. clearconscience

    clearconscience Vancouver, WA Well-Known Member

    Messages:
    5,593
    Likes Received:
    7,155
    The son of a retired Longview police captain went on trial Wednesday for allegedly pulling a gun on three bouncers in the alley behind Kesler's Bar and Grill in downtown Longview.

    Brian Adam Barnd-Spjut, 29, of Longview, faces four counts of second-degree assault with a firearm.

    Deputy prosecutor Amie Hunt said Wednesday that on the night of March 28 Barnd-Spjut refused to pay the bar's $5 cover charge and refused to leave. She said he brandished an semi-automatic handgun at three bouncers and a manager after they forced him down a hallway and pushed him into the bar's back alley.

    Hunt said Barnd-Spjut pulled the trigger repeatedly, but the gun wasn't loaded.

    Longview defense attorney Duane Crandall, who has a reputation for representing clients in self-defense cases, claims his client knew Kesler's was a dangerous place where bouncers have been known to behave like thugs. Crandall said Barnd-Spjut reluctantly stopped by to visit with manager Brandon Kesler, whose father Leo Kesler Jr., owns the bar. Barnd-Spjut, who has a concealed weapons permit, pulled the gun in self defense, only after he was set upon by the security staff, Crandall said.

    In 2006, the Longview Police Department singled out Kesler's, saying officers were repeatedly called there following outbreaks of violence. Crandall said Barnd-Spjut had spoken with his father, retired Longview police Capt. Don Barnd, about how "dangerous" Kesler's was becoming, and the elder Barnd encouraged his son to stay away from the bar.

    Barnd-Spjut had heard stories about the bar's bouncers, some of whom weren't officially on the payroll, Crandall said. "Not just the clientele, but the bouncers liked to fight," he told the jury. "The bouncers liked to beat people up."

    A series of grainy security videos played in court Wednesday purportedly show Barnd-Spjut talking with bouncers in the nightclub. Barnd-Spjut and two bouncers are walking toward a hallway leading to the back of the club when a scuffle breaks out. Barnd-Spjut appears to stiffen, then bouncers seize him and force him down the hallway. A doorman joins the fray, and a figure identified by prosecutors as Brandon Kesler rushes from the kitchen.

    In the alley, Barnd-Spjut appears to whip a handgun from his waistband and brandish it for about three seconds before tucking it away again. The man thought to be Kesler is seen waving him off.

    Bouncer Phillip Church testified that Barnd-Spjut aimed the gun at his stomach. Another bouncer, Dominador Pomaikai Daniel, who is 6-foot-five and 340 pounds, said he took cover just inside the club's door. Daniel, who is of Pacific Island descent, said Barnd-Spjut shouted a racial slur as he waved the gun and appeared to be calling for him to come back into the alley.

    Barnd-Spjut got back into his truck and rode with his friends and girlfriend over to the Silver Star, another downtown Longview bar. He was arrested at gunpoint in the bar's parking lot a short time later by roughly a dozen police officers from throughout the county who flooded to the scene.

    The defense has not disputed that the man brandishing the gun in the video is Barnd-Spjut.

    Brandon Kesler was brought to court Wednesday after being arrested Tuesday evening on a material witness warrant. Kesler, who was accompanied by a corrections officer, was shown the security video of the incident, but said he could not verify that he was one of the men in the video.

    He also said he can't recall exactly what transpired the night of the incident. Kesler, who said he was testifying against his will, also declined to identify Barnd-Spjut as the man who pointed the gun at him.

    "You don't remember a single thing of having a gun pointed at you?" asked Hunt, the deputy prosecutor.

    "It was a long time ago," Kesler said, adding that he'd been taking pain killers last March following a car wreck.

    A police report said Kesler considered Barnd-Spjut a friend, and Longview police officer Ken Hardy testified Wednesday that the pair spoke on the phone shortly after police arrived at Kesler's.

    Hardy said he heard Kesler tell Barnd-Spjut: "You just pulled a gun on me. I almost crapped my pants. I thought I was going to get shot."
     
  7. clearconscience

    clearconscience Vancouver, WA Well-Known Member

    Messages:
    5,593
    Likes Received:
    7,155
    So he went to a place knowing it was dangerous, he refused to pay a $5 cover???

    But then again instead of making him leave through the front door they push him into a back alley?
    He speaks with the bar owner, and the bar owner can't recall what happens??

    There's a lot of things wrong with this picture. It sounds like barnd-spjut went there ready for trouble and thought he knew the bar owner well enough the rules didn't apply, and then when trouble breaks out the bar owner didn't want too many people looking into his business.

    It sounds like both side decided to stay out of the law side of this. If this was any other bar and the guy pulled that he would be in jail.
     
    Brutus57 likes this.
  8. orygun

    orygun West Linn Bronze Supporter Bronze Supporter

    Messages:
    3,775
    Likes Received:
    1,962
    If they had taken him out the front door, like any self respecting place should take a patron they were removing from the premise, I'd think there would be no reason to draw a weapon. But the fact they were taking him out the back would lead me to believe that they were not done and were looking for an area that would have few witnesses for what they were going to do next.

    I'll bet that's the reason he drew and the reason he was found in the right.

    (without getting into the legality of if he should have been carrying there)


    But, to go to a place that's known to be a problem and to go with a gun is pretty stupid, I'd say.
     
    Flopsweat and JRuby like this.
  9. RVNvet

    RVNvet Beaverton Member

    Messages:
    114
    Likes Received:
    17
    Had they charged his with carrying concealed in the bar, he most likely would have been convicted. BUT, the charges were about him threatening the bouncers with the gun, as I understand it, so he walked...and rightly so, (again) in my opinion.

    I'm sure he was acting like a jerk, but that's no reason he couldn't justify defending himself when push came to shove...and it sounds like it did.

    Max
     
  10. Will

    Will Everett Active Member

    Messages:
    372
    Likes Received:
    54
    Sounds like a guy looking for trouble and bet he will be back in the news sooner or latter. He should have been charge for carrying where prohibited and would have been found guilty and loss his right to carry consealed. He got off because no one remembers a thing. There is nothing good in this story for most consealed carry people.
     
  11. MountainBear

    MountainBear Sweet Home, OR Well-Known Member

    Messages:
    3,651
    Likes Received:
    2,375
    It seems like he put himself in the situation. And while he definitely has the right to defend himself, it sounds like he went looking for a reason to pull his gun. I agree that the state made a mistake when they did not charge him with carrying concealed in the bar. Too bad too, its guys like this that make the rest of us look like cowboys looking for trouble. In my opinion, he got very lucky. I hope this taught him a lesson.
     
  12. JAFO

    JAFO OR, USA Silver Supporter Silver Supporter

    Messages:
    556
    Likes Received:
    148
    Another version of the story:

    http://www.tdn.com/news/local/article_5d562664-0199-11df-a32f-001cc4c002e0.html



    Bar myspace: http://www.myspace.com/bkproductionsinc
    Owner's son Brandon: http://www.myspace.com/bkproductions
     
  13. Will

    Will Everett Active Member

    Messages:
    372
    Likes Received:
    54
    Friends making nice after a bad event. The guy showed up a place that prohibits firearms by state law and he's armed the officers said they smelled alcohol on this guy. He got off free? As I said he will be back in the news again, with any luck he won't shoot someone in the process. His license to carry should have been pulled at least.

    Nothing good can come from people like this with a consealed license, they are a fuel to the anti gun peoples fire.
     
  14. Captain O

    Captain O St. Helens, OR Well-Known Member

    Messages:
    589
    Likes Received:
    915
    This is not good press. I know how to avoid problems that arise from going into such places... I do not frequent them.

    I did not lose anything in a bar, so I don't enter them. I don't drink, nor do I care for anyone that drinks to excess. Alcoholism killed my older brother; I have no intention of doing the same. I like waking up without a pounding headache, dehydrated and feeling like dog feces.

    Thanks, but no thanks.

    I prefer to spend my money elsewhere. Ammunition, Propellants, Brass, Bullets, Primers, Magazines, Pizza and Ice Cream. Items such as these seem to be much better investments.
     
    Southpaw and clearconscience like this.
  15. Osarion

    Osarion Snohomish County, WA Well-Known Member

    Messages:
    284
    Likes Received:
    445
    Holy Necropost Batman!
     
    RicInOR, decklin, F2CMaDMaXX and 3 others like this.
  16. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

    Messages:
    10,427
    Likes Received:
    7,680
    Sounds like the needed a beating,going to a bar like that with a gun
    Jakhat
    AND he should be prosecuted for having a gun in the bar,not just walk. I can believe they didn't have a wand at the door to check for guns
     
  17. Captain O

    Captain O St. Helens, OR Well-Known Member

    Messages:
    589
    Likes Received:
    915
    Anyone that would walk into a bar with a gun isn't engaging in cogent thought. A has been said, this jackwad will be back in the news... as a statistic. We'll bury, er, I mean file him under moron in... the idiot zone.
     
    Last edited: Aug 29, 2016
    mjbskwim likes this.
  18. wired

    wired Yakima Well-Known Member

    Messages:
    1,720
    Likes Received:
    1,406
    I used to live there and I know that bar well. Dangerous place? My @ss.
     
  19. 308

    308 ΜOΛΩΝ ΛΑΒΕ ΜOΛΩΝ ΛΑΒΕ Platinum Supporter Silver Supporter

    Messages:
    3,313
    Likes Received:
    6,632
    Reminds me of the movie "Valdez is Coming"....maybe the dummy should have just paid $5 and went on with his life.
     
    mjbskwim likes this.
  20. wired

    wired Yakima Well-Known Member

    Messages:
    1,720
    Likes Received:
    1,406
    Kesslers has been closed for 3-4 years anyway. What bar are they actually talking about?