LIBBY — An attempt to reduce the bail bond of a Eureka man awaiting trial for attempted murder failed on Monday.
Attorney Timothy Goen requested the reduction of a bond from $300,000 to $50,000 for his client, Harry Sultzer.
Sultzer is accused of shooting at police officers outside his Eureka home on May 20.
Goen told District Court Judge Michael Prezeau that even at $50,000 it was uncertain wether Sultzer could post bond. But the lower figure was reasonable, Goen said.
Goen said his client presents no risk of flight, having significant ties to Montana, where he's lived most of his life. He has relatives in Bigfork and Bozeman. His home is Eureka where he's lived in a trailer for the past two years.
Goen also cited his client's record as relatively clean, with the one felony conviction in Sultzer's past drawing a deferred sentence.
A veteran, Sultzer is not employed and relies on a disability check from the Veterans Administration.
Health presents the most significant reason for a reduction in bail, Goen said. His client was shot twice. One bullet shattered Sultzer's arm. In jail, Sultzer has to pack his own wound from the other bullet which struck his chest, Goen said.
If released, Sultzer could receive medical attention from VA.
Prosecutors vigorously opposed a reduction in bond. County Attorney Bernie Cassidy was prepared to call two witnesses, one involved in the shooting and the other conducting the follow-up investigation for the state Justice Department.
Neither witness took the stand because the judge agreed with Cassidy, who argued that Sultzer did present not only a flight risk but a risk to the community.
"He's charged with a serious offense," Cassidy said — namely, firing at police officers.
The shooting followed a chase when Sultzer tried to elude police, Cassidy added.
And the shooting occurred in a residential area next to a busy highway, Cassidy said.
The judged noted that, according to court documents, Sultzer got into an altercation with a neighbor that escalated to the shooting after the chase through town.
"It's not the kind of thing that gives me comfort on release," Prezeau said in denying the motion.
Sultzer was returned to jail.