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Monte Callaway, left, writes out an answer to a question so his attorney, Allen Goldman, can read it to the court Monday afternoon before Coos County Circuit Judge Michael Gillespie. He is facing three felony charges from a Feb. 21 shooting at a Bandon tavern.-World Photo by Lou Sennick |
Bar shooting suspect hears charges in court
Tuesday, April 1, 2008 3:56 PM PDT
COQUILLE — The suspect in the February shooting of a Bandon bartender was in court Monday, where he learned what penalties possibly await him. A formal indictment was delayed, however, pending a grand jury hearing on Thursday.
Monte B. Callaway, 47, wore a light yellow surgical mask over what remains of his lower jaw as Judge Michael Gillespie presided over the case. It features three felony charges that include maximum prison sentences totaling 50 years and maximum fines of $1 million.
The facial injury and criminal case stem from an incident that occurred Feb. 21 at a Bandon tavern, where both Callaway and an employee, Paul Conner, suffered gunshot wounds and were sent to the hospital.
District Attorney R. Paul Frasier plans to bring charges of attempted murder, first-degree assault and second-degree assault against Callaway, claiming he shot Conner in the head before turning a shotgun on himself.
A grand jury hearing is scheduled for Thursday, Frasier said, with a subsequent court date set for Callaway on Friday, April 25 in Judge Martin Stone’s courtroom.
More than a month after the incident, Callaway is still not well. Conner was able to return home within a matter of days following the incident. Callaway, on the other hand, wasn’t released from Legacy Emanuel Hospital until last week and at the hearing, he was unable to speak. When questioned by Gillespie, he wrote his answers on a legal pad, which were then relayed by a public defender, Allen Goldman.
Frasier said Callaway literally blew away his lower jaw and still requires at least one more operation to complete reconstructive surgery. Callaway also is unable to swallow, Frasier said, thus requiring the use of a feeding tube.
These medical conditions have kept Callaway out of prison. Instead, he is staying with a brother-in-law in Siletz, which allows him to more easily return to Portland for follow-up visits with his doctor.
Frasier told Gillespie he had arranged for Lincoln County law enforcement to put Callaway under house arrest and attach an electronic bracelet on his ankle to monitor him.
Gillespie agreed to let Callaway return to his brother-in-law’s house, provided he not use alcohol, drugs or firearms, and check in with law enforcement before leaving the house. Callaway also must stay away from his wife, Gwen Callaway, and Conner.
After the hearing, Frasier said the no-contact provision for Gwen Callaway was put in place because of the motive the county is developing in the case.
While not getting into specifics, Frasier said it is his understanding that on the night of the shooting, Monte Callaway was upset at both his wife, who witnessed the crime, and Conner.
Most of the hearing was spent outlining the consequences of the pending charges. Both the attempted murder and first-degree assault charges come with a maximum sentence of 20 years and $375,000 fines. The second-degree charge would include a sentence of 10 years and a $250,000 fine.
Minimum sentences for the first two charges, mandated by Measure 11, include 90 months in jail, while the latter has 70 months. Since the case involves a firearm, Callaway also could face minimum sentences of five years on the more severe charges and a 60-month sentence on the lesser one. If found guilty, Callaway could serve the minimum sentences concurrently, Gillespie said.
Before dismissing Callaway from the courtroom, Gillespie reiterated the importance of not making contact with Conner or his wife.
“Don’t go to Bandon,” he said. “That would be a bad thing at this point.” |