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By Dan Wheat, World staff writer
Friday - June 8, 2001
EAST WENATCHEE - Marvin Gellatly didn't charge an off-duty sheriff's deputy before the deputy shot him Saturday morning, the businessman's lawyer said today.
The lawyer also said Gellatly told him he had only a key and plastic key chain in his hand, or nothing at all, when Deputy Justin Boynton fired.
The statements by lawyer John Brangwin conflict with statements by Douglas County Sheriff Dan LaRoche about the 4 a.m. shooting outside the East Wenatchee-area residence of Lisa Dickson.
LaRoche has said Boynton told deputies that Gellatly charged at him from near the house and had something in his hand. The sheriff said Boynton may have thought the man he shot had a weapon in his hand. A beer can was found in the yard.
Brangwin said Gellatly will cooperate but that no interview has been scheduled yet. He said Gellatly may be released from a Seattle-area hospital Saturday, at the earliest. He said Gellatly's condition is good and has been improving since he underwent surgery Monday for a damaged liver.
Boynton told deputies he found the door ajar, got his gun and a flashlight and went outside where he found a man hiding in bushes, identified himself as a deputy and ordered him to come out and get down.
LaRoche has said Zodrow heard Boynton shouting commands and a gunshot.
Today, Brangwin said Gellatly had a legitimate reason for returning to the house at 4 a.m. but wouldn't say what it was. He said he doesn't know if Dickson told Boynton anything about her pre-midnight conversation with Gellatly.
Those are very germane questions we want to ask Boynton or Dickson, Brangwin said. The fact Gellatly was there earlier certainly does call into question why Mr. Boynton would immediately assume it's a prowler.
Brangwin said Jim Berg, a Manson private investigator, is helping him with his investigation.
* EXCERPT RE-PRINTED WITH PERMISSION.
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