Butler County man charged with shooting 11-year-old after alleged drunken outrage

Tuesday, June 24, 2008

BUTLER COUNTY, Mo. -- A young Georgia boy, visiting relatives in the Fisk area, was shot Saturday evening during what authorities believe began as a fight among brothers on the banks of the St. Francis River.

Shawn Michael Pyles, 11, was treated and released from Poplar Bluff Regional Medical Center, according to Butler County Sheriff Mark Dobbs, who described Pyles' wounds as superficial.

Pyles, he said, had to have approximately six pellets removed, while the rest of his injuries were "flesh wounds."

As Pyles recovers from his injuries, Phillip Ray Cecil Joe Shaver, 25, of Fisk sits in the Butler County Justice Center on $250,000 bond.

Butler County Assistant Prosecuting Attorney Bill Gresham charged Shaver Sunday with the Class A felony of first-degree assault, the Class B felony of first-degree assault, the unclassified felony of armed criminal action and the Class D felony of unlawful use of weapon.

The complaint on file with the court alleges on Saturday Shaver "knowingly caused serious physical injury to Shawn Michael Pyles by shooting him in the legs, chest and neck with a shotgun" and he "pointed a gun at Danny Ray Ogles and attempted to fire the weapon six or eight times and such conduct was a substantial step toward the commission of attempting to cause serious physical injury to" Ogles.

Danny Ogles, 32, of Trion, Ga., reportedly is a cousin to Shaver, who is charged in connection with an incident, which occurred just before 6 p.m. Saturday in the 6900 block of County Road 644.

"One brother (Johnathan Lee Shaver) dunked the other brother (Phillip) under the water while they were down at the river, and the brother, who was being dunked, didn't find it too humorous and a fist fight ensued," Dobbs explained. "Apparently, their house is in close proximity to the river and the fight spilled over to the residence."

Danny Ogles and his family "were just there" when the events unfolded, said Dobbs, who reported the Shavers had been drinking at the time of their alleged altercation.

While at the hospital with her son, Ogles' wife, Christina Ogles, reported to Deputy Josh Stewart that she had gone outside a County Road 644 residence and found her husband "to have hold of Phillip Shaver, attempting to restrain him," according to Stewart's probable cause affidavit. "Ms. Ogles stated Phillip was attempting to stab Danny with a sharp object, which she believed to be hedge trimmers."

Christina Ogles reportedly was able to get the object from Shaver and throw it into the woods, Stewart said.

"(She) stated at that point Phillip was able to break away from Danny and went and retrieved a gun and began to shoot it," Stewart explained. "... [She] stated she then heard her son, Shawn, yelling, stating he had been shot."

Shaver's brother, Christina Ogles reported, came running up the driveway, stating Pyles had been shot. "Ms. Ogles asked Johnathan who shot Shawn and he stated Phillip."

Like Christina Ogles, Stewart said, Danny Ogles had fled into the house in fear of his life and subsequently was unable to get to Pyles "due to Phillip running around threatening to shoot everyone.

"Ms. Ogles stated at this point, Phillip approached Danny and had Danny get down on his knees, pointed the gun

directly at Danny as Danny begged for his life. ... Phillip fired the weapon; however, the gun either malfunctioned or was out of ammunition and it dry fired."

Stewart said Christina Ogles reported getting between her husband his cousin, who she told she was calling the authorities.

After she and Phillip Shaver "exchanged words," Christina Ogles told deputies Phillip Shaver left and retrieved another gun.

At that point, Stewart said, Christina Ogles reported getting her son and fleeing into the residence, where they, along with other family members, hid in a closet.

As they continued to hide, Stewart said, Christina Ogles reported hearing her husband enter the residence, as did Phillip Shaver, who followed Danny Ogles into a bedroom, where "Phillip again had Danny down on the bed at gunpoint begging for his life.

"Ms. Ogles stated she then heard Phillip fire the gun six to eight more times; however, the gun did not discharge; it dry fired each time. Phillip began to yell at Danny, asking where Ms. Ogles was because he was going to kill her."

Stewart said Danny Ogles offered to take his cousin to his wife, leading Phillip Shaver outside and into the woods, while his wife and the others, who were hiding in the closet, fled the scene.

According to Pyles' statement, he had been outside shooting guns with Phillip Shaver and his stepfather.

"Shawn stated Phillip got mad at Johnathan and they began to fight," Stewart said. "Danny attempted to break the two of them up and was restraining Phillip, at which point, Phillip was attempting to stab Danny."

After his mother was able to get the object away from Phillip Shaver, Pyles said, Phillip Shaver alleged retrieved the gun.

"Phillip then began to fire the gun into the air and at the ground, at which point, Shawn was shot," Stewart said. "Shawn was shot once in each leg, once in the throat and once in the rib area of his left side."

Phillip Shaver was arrested, as was his 22-year-old brother Johnathan Shaver, who was arrested on suspicion of tampering with physical evidence, was booked at the Butler County jail and released pending review of the case by the prosecuting attorney.

Authorities believe Johnathan Shaver grabbed a shotgun from his brother and destroyed it.

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