Crime Briefs: Parachute man charged with attempted murder
June 15, 2018
A 42-year-old Parachute man is in custody on $500,000 bond facing attempted murder charges after allegedly threatening a 13-year-old boy and causing a fight at a residence in Parachute June 10.
Thomas Kyner is charged with first-degree attempted murder, second-degree assault (strangulation), use of a deadly weapon, two counts of illegal possession of a weapon by a previous offender, violation of a protection order, and reckless endangerment.
According to an affidavit in Ninth District Court, a Parachute police officer responded to a call about 5:42 p.m., which warned of a fight involving several adults and a gun. The caller said a 13-year-old male wearing a white shirt had taken off running with the firearm.
While en route, the officer received a call from Garfield County Sheriff’s deputies who had made contact with the young boy, who wasn't armed but had merely just run from the "disturbance."
Upon arriving at the scene, officers found a rifle near the front yard, according to the affidavit.
Police started interviewing bystanders and a woman said a male at the residence had just assaulted her son and pushed her from the front yard.
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She said her son, referring to Kyner, had blood all over him and "his finger was bit off” and that she wanted the attacker arrested. She told officers Kyner had returned to their home a couple of blocks away.
However, witnesses at the residence said it was Kyner who had in fact brought the gun to the residence after the fight. Police say they went to his home and confirmed he was covered in blood, which was also dripping from the tip of his finger. He also had a large laceration on the back of his head, prompting police to call EMS.
Kyner told officers he was at a barbecue at the residence before the argument happened.
He said the person living at the residence picked a fight with him for no apparent reason, before physically assaulting him and striking him in the back of the head with an object.
Kyner said he had no idea what had sparked the assault, as he had just been playing "squirt guns" with some of the children at the party.
Officials noted in the affidavit that the Kyner's eyes were bloodshot and watery and that his speech was slurred. He told officers he hadn't had much to drink, just a 12 pack at the party. He was later found to have a restraining order that prohibited him from consuming alcohol and marijuana that was later found on his property, according to court records.
After the fight, he told police he left the party and returned home to grab his brother's rifle, even though it didn't have any ammunition in it. He told officers he just wanted to scare the man who had bitten his finger. He couldn't explain to police why the gun had remained on the property.
Police noted in court documents, "The suspect appeared inebriated when I was speaking with him and I had to clarify his answers numerous times when speaking with him."
While Kyner was being treated by EMS, officers heard him say, "He bit my finger off so I pounded him!" Officers also interviewed his young nephew, who witnessed the incident.
His nephew said Kyner was being “mean and grumpy,” and was “banging on things” at the residence and that he was mad at him. Police went back to the home where the alleged incident occurred and found there was an unfired bullet in the front yard, which was kept as evidence.
Another witness at the party, who identified himself as a retired police officer, said he had many run-ins with Kyner but thought they could turn a new leaf. He said Kyner had been playing roughly with the boy, calling him profanities, even throwing him around.
A woman at the party told him to stop, and witnesses say that's when Kyner "postured up into a fighting stance toward a 13-year-old girl." They asked him to leave and when he refused, a fight had occurred, causing kids to flee.
A witness said as Kyner tried running out of the front door following the fight, his pants got hooked on a vehicle, which flipped him over onto the concrete, causing the laceration on the back of his head. He then ran to his house and allegedly returned with "a wood stocked assault style rifle," telling everyone to "run and hide."
A witness said he tried to contain and hide the kids who were running around in fear. Kyner then walked away with a gun magazine in his hand and left the assault rifle on the front lawn.
The same witness said Kyner’s mom came to the residence shortly after and tried to retrieve the gun from the property. He said he told her to refrain from doing so, as the gun was now evidence of a crime. When she tried to physically remove it, he says that’s when he pushed her away from the home.
Kyner is scheduled to appear in Garfield County District Court on June 20. He remains in the Garfield County Jail on $500,000 bond.
STATE TROOPER ARRESTS CAR FULL OF PEOPLE
On June 1, a Colorado State Trooper said he tried to stop a vehicle not using its headlights. As the officer tried to move obstructing cars from the left lane and into the right lane, he noted a white Toyota had refused to move, blocking him from his initial target.
The officer says even though his emergency lights were activated, the white Toyota continued in the lane, still blocking him from the original vehicle.
Only after he used his siren did the Toyota move into the right lane, he says.
The officer says he could see the driver also wasn't wearing a seatbelt, and noted, "Due to the amount of time I was behind the white Camry as it drove in the left lane when prohibited, I no longer had a view on the original vehicle I was attempting to stop," so he decided to stop the obstructing vehicle instead.
When asked, the driver said he hadn't changed lanes because he wasn't paying attention.
He couldn't produce a valid license or registration and neither could the other three passengers in the vehicle.
After identifying two males in the car, the officer turned up protection orders and suspended licenses for each of them.
He asked the two women in the car to identify themselves and the officer said they both gave fake names.
He told both women he needed to verify their fingerprints since he found no record of the names and birthdates they gave and both women asked why. He told them he wanted to ensure they were not the protected persons on the two restraining orders and they agreed.
He found they were in fact the protected victims in the restraining orders against the two men in the car and he wrote in court papers they refused to properly identify themselves again when he asked their names.
Only upon briefing them that he had their correct names did the women confess.
They both asked him to cut them a break, saying they knew what they did was wrong, that they didn't want anyone to get into any trouble or go to jail.
One of the women was arrested for an outstanding felony warrant from Grand Junction, and also for a misdemeanor warrant from Garfield County.
The other woman also had multiple unspecified warrants as well as a criminal impersonation charge, which she too was arrested for.
The men were arrested for violating their respective restraining orders and the driver was charged with additional crimes including: driving with a suspended license, driving an uninsured vehicle, not wearing a seatbelt, and driving in a passing lane when prohibited.