Wayne County, Mo., man arrested for allegedly firing into neighbor's home

GREENVILLE, Mo. -- Weapons-related charges were filed Monday against a Greenville man who is accused of shooting into a Shook-area man's home.

Donald Ray Holbert is accused of shooting into the home of a neighbor, David Kellick, on whose property he was previously accused of trespassing and hunting.

Holbert, 61, was charged with two Class D felonies of unlawful use of a weapon and the unclassified felony of armed criminal action by Wayne County Prosecuting Attorney Robert Ramshur.

After considering the complaints and probable cause affidavits filed with the court, Associate Circuit Judge Randy Schuller issued a warrant for Holbert's arrest and ordered him held without bond.

Holbert, who is being held in the Wayne County Jail, is to appear before Schuller on Thursday for arraignment on the charges.

The complaints allege on Sunday Holbert "knowingly discharged a firearm into a dwelling house located at HC 3, Box 526, Greenville, Mo.," and he "knowingly possessed a loaded 12-gauge shotgun while (he) was intoxicated."

Holbert is accused of firing a 12-gauge shotgun round into the residence of Kellick, who owns property on County Road 526 and about one-half mile away from Holbert's residence. Kellick reportedly was home at the time, but was not injured.

"Located in front of (Kellick's) residence, lying in the road, was a spent Winchester super X shotgun round," Wayne County Deputy Woodrow Massa said in his probable cause affidavit.

Officers, according to Massa, found Holbert at his residence.

"Upon locating Holbert, he was intoxicated; his speech was slurred, and he had trouble maintaining his balance when he walked," Massa said.

Located in the "immediate area" of Holbert was a Remington Wingmaster 12-gauge shotgun, along with two spent shells "matching the spent round located in the roadway in front of Kellick's residence," Massa said.

At the time of Sunday's allege incident Holbert was on probation after having pleaded guilty in May to the Class A misdemeanor of taking/killed/possessed wildlife illegally. He pleaded guilty to being in possession of two turkeys out of season.

Holbert entered his plea as potential jurors were waiting to be chosen to hear his trial on 19 misdemeanor wildlife violations and a felony charge of unlawful use of a weapon.

After accepting his plea, Circuit Judge William C. Seay suspended the imposition of Holbert's sentence and placed him on two years' supervised probation.

Conditions of Holbert's probation include that he is not to hunt or fish or enter U.S. Army Corps of Engineers property during the two years, Ramshur said earlier. Holbert, he said, also was ordered to stay away from Kellick, who was his alleged victim in the felony case.

"The judge told him, on the record, he could keep a gun in his home for protection," Ramshur explained.

Seay, he said, also told Holbert if he was driving, with a loaded gun in his vehicle and its headlights on, "like a spotlight, ... he was hunting."

While having a gun outside his home would be a violation of Holbert's probation, "that is not the issue here," Ramshur said.

According to Ramshur, if Holbert is bound over to stand trial on the charges following a preliminary hearing, "then I am probably going to file a motion to revoke that misdemeanor probation."

Holbert, he said, could face one year in the county jail and a $1,000 fine.

"Mr. Holbert got a very considerable opportunity back in May when he was originally charged with an intimidation charge ... intimidating a witness (Kellick) with a gun," Ramshur said. "There was not any physical evidence. I considered it a swearing matching.

"Had I had more time to think about it, and in hindsight, I might have done it differently, but it's over. Now, he's done it again; he has had his chance."

If convicted of the unlawful use of weapon charges, Ramshur said, Holbert faces up to four years in prison and a $5,000 fine on each.

The armed criminal action charge carries a minimum of three years and no probation, Ramshur said.