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Two Men Plead Not Guilty to Assault Charges

By Beacon Staff

Two of the three men accused of a violent assault on another man after a July 4 road rage incident pleaded not guilty in Flathead County District Court on Aug. 1.

Andrew Nelson and Ryan Horn appeared before District Judge Heidi Ulbricht on Aug. 1 for their respective arraignment hearings. Flathead County prosecutors have charged both men with aggravated assault, and Nelson also faces an assault with a weapon charge.

The third man charged in the beating, Gaige Mower, was scheduled to be arraigned for an aggravated assault charge, but his legal counsel requested and was granted an extension to Aug. 8.

The assault charges stem from a Fourth of July beating in Ferndale. According to court records and the assault victim, Antonio Valencia, the three men were in a green Subaru behind Valencia on Highway 209 outside of Bigfork. Valencia told investigators that the Subaru had been tailgating him, and that he pulled into the parking lot at the Ferndale Market in an attempt to get away from them.

Valencia said he figured there would be enough people in the parking lot to dissuade any confrontation. However, prosecutors say Nelson, Horn and Mower got out of the Subaru and immediately began physically attacking Valencia.

Security camera and witness video footage show three men beating Valencia. Nelson’s charge of assault with a weapon stems from his alleged use of a golf club during the attack, which prosecutors say he used to hit Valencia “until the golf club broke.”

Footage also shows Horn and Mower hitting Valencia with their fists, as well as choking him, according to court filings.

All of the men left the scene, and a witness called 911 to report the fight.

Officers made contact with Valencia at his home and saw he was visibly injured. He was taken by ambulance to Kalispell Regional Medical Center for treatment, where it was determined he had multiple injuries, including a fracture to his C-5 vertebrae.

In interviews with officers, Horn alleged said he had a role in the attack and that he saw Nelson leave the Subaru with a golf club in his hand. Nelson also allegedly confirmed that he took part in the assault.

Felony aggravated assault carries a potential 20-year prison term, as well as a maximum $50,000 fine. Assault with a weapon also carries a potential 20-year sentence, and maximum $50,000 fine.

Trials for the respective defendants are scheduled to take place in January 2014.