Hall found guilty of aggravated assault, interference

Friday afternoon, following about an hour of deliberation, a jury returned verdicts of guilty for aggravated assault with a drawn deadly weapon and interference with a peace officer, in a case against Hanes Hall Jr.

According to charges, on Jan. 15 Hall drew a firearm — later identified in the trial as a fully loaded high standard nine-shot .22 Magnum — on Hot Springs Sheriff’s Office Sergeant Jeremie Kraushaar, and fought the sergeant while being arrested.

The trial began Thursday afternoon with prosecuting attorney Marcia Bean stating the incident began when Thermopolis Police Sergeant Pat Cornwell investigated a hit and run accident. During that accident, the suspect vehicle left behind its front bumper and license plate.

A run of the plate number revealed it belonged to a red Mitsubishi that Cornwell knew belonged to a female subject who was dating Hall. Upon further investigation, it was found the woman gave the vehicle to a dealership, and the dealership said Hall was allowed to drive it.

Knowing Hall lived outside of town, Cornwell contacted Deputy Kraushaar for assistance. Cornwell later heard Kraushaar was headed to the Law Enforcement Center. Cornwell met Kraushaar, and observed Hall to be very belligerent.

Bean also spoke of a Dec. 14, 2016 incident during which Kraushaar assisted Probation and Parole with a subject living with Hall. At that incident, Kraushaar was granted permission to look around the home and found a room had several guns, which Hall said were his.

Returning to the Jan. 15 incident, Bean said Kraushaar noticed a vehicle at Hall’s residence matching the description of one involved in the hit and run. Prior to knocking on the door, he activated his body camera; the video taken was later presented. Bean said Hall answered the door in nothing but a towel and appeared to be intoxicated though it was never confirmed to what level.

Hall would argue with Kraushaar, Bean said, until the deputy decided he would not be getting any information from him. On his return to his patrol vehicle a dog belonging to Hall began to growl and snap at Kraushaar so he took out his sidearm and pointed it at the animal. Hall pleaded with the deputy to not shoot his dog, and went back inside.

Bean said Kraushaar heard a commotion inside and chose not to leave, and Hall later came out with a gun. At this point Kraushaar pointed his own gun at Hall and ordered him to drop his.

Two other subjects at the residence attempted to get the gun away from Hall, which they eventually did, and got him back inside. However, Bean said, Hall still continued to fight as the sergeant affected an arrest and got him into his patrol vehicle.

Defense attorney Dan Caldwell said everything Bean presented did happen but it was up to the jury to decide, when presented with the evidence, whether Hall presented a threat to Kraushaar.

Caldwell said there was a firearm there, and Hall was intoxicated and did stupid things that night but did not pose a threat to the sergeant.

He asked the jury pay attention to the video, as they would be able to hear the dogs, hear Kraushaar accuse Hall of the hit and run, and hear Hall call for one of his dogs that got out. What they wouldn’t hear, he said, was any growling or snapping by the dog.

They would see also Kraushaar pull his gun and hear Hall plead for his dog, Caldwell said, and though Hall had a gun they would not see him raise it toward Kraushaar or make threats to the officer in any way.

During the trial, Cornwell spoke of the initial hit and run accident, stating he visited with a female subject who said her car was struck by a red Mitsubishi and the bumper was left behind. Cornwell got the plate number and ran it, discovering the owner, who stated she had traded the vehicle at a dealership and Hall was a potential owner.

After requesting Kraushaar go to Hall’s residence, Cornwell later heard Kraushaar over the radio saying he was on his way to the detention center and met the sergeant there. Kraushaar was later called away, so Cornwell assisted in getting Hall to the “drunk tank.” Though Hall kept stating he wanted a drink of water and attempted to get to the fountain, he eventually did go into the cell.

Under questioning from Bean, Kraushaar recalled the previous visit to Hall’s residence during the Dec. 14 assist with Probation and Parole. At that incident, he noted there was a room which had firearms in it, and Hall said they were his. Kraushaar noted in particular there were revolvers in the room, though none of the weapons were seized.

As to the Jan. 15 incident, Kraushaar said he had his full uniform on including a badge and placard identifying him as a deputy. He pointed out it's mandatory for deputies to wear body cameras while on duty and he had his on and activated. Upon his arrival at Hall’s residence, Kraushaar saw the vehicle matching the description given by Cornwell, with a matching license plate number on the rear bumper.

Kraushaar further explained his only job was to determine if the vehicle was involved in the accident and who was driving. It would be Cornwell's decision to enforce any charges related to the hit and run.

After Kraushaar knocked, he heard some movement inside and the door was opened by Hall but just enough to where he could stick his face out. Hall closed the door and opened it wider, and Kraushaar began visiting with him.

When the door was opened the second time, Kraushaar said, a dog did run out but did not engage him at that time.

The conversation regarding the accident turned heated, and Kraushaar stated Hall argued he had not been driving the vehicle but knew who did. Though Kraushaar asked for a name of the driver Hall refused to give him one, so the sergeant said he would have to consider Hall the driver.

Kraushaar said it became obvious he was not going to get any information from Hall, and as he turned to leave he was approached by one of Hall’s dogs, which ran by him. Kraushaar turned to keep an eye on the dog, which lunged and barked at him. He took out his service weapon and drew it on the dog.

Kraushaar said Hall pleaded for him not to shoot his dog and ran back inside. The sergeant heard commotion and began walking toward the home with his gun at his side. Kraushaar observed Jacquelyn Tuttle trying to push Hall back inside the home, and Hall with a gun in his hand.

He further testified that Hall brought the gun up to mid waist level before another subject was able to get Hall back inside and get the gun away from him. Kraushaar ordered Hall to drop the gun several times, and once disarmed he came out with his hands up. At that time, Krausharr holstered his gun and went to arrest him.

However, Kraushaar said, Hall struggled while being arrested until he was threatened with the possibility of being “tazed,” and later fought with him while trying to get him in the patrol vehicle to the point where he had to give a three count before lifting him in. Kraushaar also secured the gun, later verifying there were nine live rounds in it.

Following a viewing of the video from Kraushaar’s body camera, Caldwell pointed out it did not appear as if the dog was barking or snapping after the sergeant pulls his gun. He also questioned what Kraushaar carries in addition to his service weapon; among the items are pepper spray and a tazer.

Caldwell asked the sergeant what the sheriff’s office policy on force is, though Kraushaar, noting he didn’t want to misspeak, chose not to dictate that policy. Krausharr did say there is now a policy under which officers are not allowed to discharge firearms at livestock, though dogs are not considered livestock.

Kraushaar also testified he has been bit by dogs several times while on duty and drawn his gun on dogs at other incidents. Caldwell asked why he didn’t deploy his pepper spray when dealing with the Hall's dog, and Kraushaar said there’s about a 50 percent success rate with the spray on dogs and many just lick their chops.

Caldwell also pointed out the dog was non-confrontational with Kraushaar when the door to the home is first opened and when Hall later comes out with a gun. The animal, he said, was only barking after Kraushaar had a confrontation with his owner.

Caldwell further noted Kraushaar had the opportunity to retreat to his vehicle if he felt threatened by the dog, though Kraushaar said he heard commotion and chose to stay. He further explained he moved to a position where he could not be fired upon from a window or from behind. His only regret was not taking cover behind the Mitsubishi.

Kraushaar also testified Hall did not say he would shoot the sergeant, and Kraushaar never said he would not shoot the dog, only telling Hall to get the animal. Caldwell asked how Kraushaar knew Hall wasn’t just turning to go inside when it appeared he brought his gun up, and Kraushaar declined to speculate on his intent.

Under further questioning from Caldwell, Kraushaar said he did not tell Hall he was under arrest, but affected an arrest to keep the situation from escalating.

Tuttle also took the stand during the trial, and during her testimony revealed she had been driving the red Mitsubishi the day of the incident, as Hall was too intoxicated to drive himself home.

Regarding her yelling for Kraushaar, as was shown in the video, Tuttle said it was to let him know Hall was coming outside with a gun.

As to her attempting to keep Hall from stepping outside with a gun after the encounter with Kraushaar escalated, Tuttle said she did so because she knew Hall had the firearm and she was concerned about both Hall and Kraushaar. She said she didn’t see if Hall raised the gun at Kraushaar, but knew he had it.

In her closing arguments, Bean pointed out the perspective the jury saw from the body camera is different from what Kraushaar saw with his eyes. She added the video from the camera is not "picture perfect."

She also noted Kraushaar’s reaction to the dog was because he has been charged and bit by other dogs. Though he could’ve chose to leave before things got out of hand, he chose to stay because he knew something was wrong and was concerned for the people inside the house.

When Hall returns outside with his gun, Bean pointed out, the threat is coming from him and not the dog. Bean also noted Hall’s continuing to struggle as Kraushaar arrests him and puts him in the vehicle and the audio from the camera showed the sergeant gave Hall a count to three “just like we do with kids before we spank them.”

Caldwell, in his closing arguments, said the jury would have to decide whether there was a threat to Kraushaar, and the presence of a gun does not constitute a threat. He said Hall never threatened, only pleaded with Kraushaar to not shoot his dog.

While Caldwell said Hall’s actions were stupid, and he might be guilty of “felony stupidity “but that is not a violation of the law. He stated Kraushaar created the situation by accusing Hall of being involved in the hit and run accident. The sergeant, Caldwell said, knew Hall had a gun but didn't know if it was cocked. The attorney also pointed out this was a tense situation and likely there was a lot of adrenaline. While Kraushaar did make some good decisions during this incident, Caldwell said there were others which were not so good.

Regarding the camera footage, Caldwell said what’s on the video is not so different from what Kraushaar saw.

Speaking to the interference charge, Caldwell said Kraushaar grabbed Hall with no notice he was placing him under arrest, and indicated Hall’s reaction and resistance were because he didn’t understand what was happening.