A judge ordered a Webb City man bound over for trial on a felony weapon charge Thursday following a preliminary hearing in Jasper County Circuit Court in Joplin.
Associate Circuit Judge Richard Copeland found probable cause for Robert D. Dunn, 36, to stand trial on a count of unlawful use of a weapon. Dunn’s initial appearance in a trial division was set for Aug. 6.
Cary Garling testified at the hearing that Dunn ordered him into his house on North Webb Street in Webb City on April 24, 2011, made him get down on his knees and put a gun to his head.
“At that moment, I said a prayer and got up and walked out the front door,” Garling testified.
Dunn disputed several points of Garling’s account in his own testimony at the hearing, telling the court that Garling came to his house “ranting and raving” that he was going to “kick his a--.”
He said Garling, who was in the company of his girlfriend’s sister, misunderstood a request to come inside the house that Dunn made to the two sisters to be directed at Garling instead.
Dunn’s attorney, Brian Glades, elicited an admission from Garling that the sister in whose company he’d come to the address was in the process at the time of getting a protection order against him.
Glades argued that given the various circumstances of the incident, his client was within his rights to pull a gun on Garling under the “castle doctrine” of state law.
The judge decided that the conflicting testimonies of the two men should be a matter for a jury to weigh.
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