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By Katherine Schiffner, World staff writer
Wednesday - August 1, 2001
EAST WENATCHEE - No charges will be filed against Wenatchee businessman Marvin Gellatly or against Justin Boynton, the off-duty Douglas County deputy who shot Gellatly outside an East Wenatchee residence June 2.
Douglas County Prosecutor Steve Clem said Tuesday Boynton believed Gellatly was an armed intruder trying to attack him when he fired a single shot at Gellatly, hitting Gellatly in the lower abdomen.
But Gellatly's lawyer, John Brangwin, said Boynton wasn't justified in shooting Gellatly, and disputed some aspects of Clem's account of the incident.
Gellatly certainly did not attack the officer. He did not charge the officer. The officer was mistaken,? Brangwin said. ?He shot an unarmed man.
He declined to say whether he believes Boynton should have been charged with a crime because his own investigation of the incident isn't finished.
The shooting happened at about 4 a.m. June 2 outside the 219 Eastridge Drive home of Lisa Dickson, 27, an employee of the Gellatly Agency Inc. Gellatly, 50, is a stockholder and officer in the Gellatly Agency, a Wenatchee insurance and bond agency.
Brangwin said Gellatly was pleased he was not charged, but said the decision wasn't unexpected. Boynton could not be reached for comment Tuesday.
Wenatchee World reporter Marco Martinez contributed to this article
* EXCERPT RE-PRINTED WITH PERMISSION.
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