Surveillance footage leads to dismissal of assault case

Aug. 10—A Flathead County judge dismissed a felony assault case against a local man after surveillance footage showed him acting in self-defense.

Prosecutors brought Brett Wayne Pointer, 37, up on a count of assault with a weapon following an alleged fight involving a knife in a Kalispell area RV park in February. He pleaded not guilty at his Feb. 8 arraignment before Judge Robert Allison in Flathead County District Court.

According to court documents, witnesses told arriving Flathead County Sheriff's Office deputies that the struggle began after a 16-year-old lost control of his truck while speeding through the RV park and struck a snowbank. Pointer allegedly told investigators he approached the mired vehicle and tried to take the keys from the teenager, who punched him in the face.

Pointer allegedly admitted to pulling the teen out of the truck, but let him go at the urging of bystanders.

Witnesses, though, told deputies that the two continued arguing and that Pointer pulled out a knife, court documents said. One recounted seeing Pointer on top of the teenager, holding a knife to his face, according to court documents.

The teenager also accused Pointer of threatening him with a knife, court documents said.

Both Pointer and the teenager sported injuries, according to court documents.

But in a motion to dismiss filed in late March, County Attorney Travis Ahner wrote that a review of surveillance footage recovered by investigators indicated Pointer acted in self-defense.

"In light of the evidence presently available to the state, the interests of justice would be best served by a dismissal of this matter," Ahner wrote.

Allison ordered the case dismissed on March 23.

News Editor Derrick Perkins can be reached at 758-4430 or dperkins@dailyinterlake.com.