Residents restrain shooter in Marshall; Breyfogle arrested, goes to court
The firing of gun shots early Sunday morning in Marshall set off a police investigation that resulted in the arrest of 31-year-old Daniel Nathan Breyfogle of Marshall.
Police, who had responded to the “shots being fired” call in the 900 block of West Main Street, arrived at the scene to find the suspect restrained by residents in front of the residence at about 4 a.m.
They had to pull him from his vehicle and wrestle the gun away, said a police report by Officer Tim Tomasek.
In court Tuesday, Breyfogle was charged with second degree assault, making threats of violence, possession of stolen property, fourth degree driving while impaired, two counts of ineligible possession of a firearm, and two counts of reckless discharge of a firearm.
A criminal complaint alleges Breyfogle tried to stab a person at a house party in Marshall on Sunday, and later returned and fired a revolver in the presence of other people
Apparently, he left the residence and returned around 4 a.m. and fired approximately four rounds from a handgun in the air in the presence of residents.
“The residents were able to wrestle the gun away from the suspect, pulled him from the vehicle he was in, and physically subdued him while 911 was being called,” said Tomasek’s report.
Breyfogle received injuries while involved in the physical altercation with the residents. Injuries included a possible broken nose and facial abrasions.
He was treated at Avera Marshall hospital and released.
According to police, at the scene of the crime, Breyfogle offered no resistance to officers and was arrested without incident.
The handgun used by the suspect was determined to have been stolen from Sioux Falls, SD.
A Nov. 14 hearing date was set for Breyfogle. Judge Leland Bush said Breyfogle qualified for a public defender.
Bail for Breyfogle was set at $125,000 without conditions, or $60,000 with conditions including that Breyfogle stay in Minnesota, abstain from alcohol and drugs, have no contact with the alleged victims in the case and stay away from the address where the alleged incident took place.
Assistant Lyon County Attorney Abby Wikelius asked the court to set “significant” bail for Breyfogle, partly because of the public safety implications of the charges.
Breyfogle said he didn’t plan on running from future court appearances.