Richard Allen Pop, 50, was shot twice with a .22-caliber rifle — once in the back near the shoulder and another in the front upper right leg — Lockhart reported.
Pop was taken to Sparks Regional Medical Center in Fort Smith, Ark., and later released.
A deputy drove to Sparks to get a statement from Pop and Pop said he didn’t want to press charges against the suspect at the time.
According to the report, Judge Dee Will, 33, of Vian had driven to the Pop residence on his motorcycle to look for work. Pop was not home at the time so Will spoke with Pop’s wife who told Will to leave because her dogs were out of the pen and would bite him because they don’t like motorcycles.
Will told authorities that he told Pop’s wife that he would break their necks if they tried to bite him.
Lockhart said when Pop arrived his wife told him what Will had said and Pop drove to Will’s residence.
According to the report, Will said Pop drove up and threw some of Will’s belongings into his yard. Will said he noticed Pop carrying a revolver, so Will grabbed his .22-caliber rifle and told Pop to stop walking toward him with the gun.
Will told authorities that he shot Pop three times then went to the roadway to stop Pop from going to the neighbors’ house for help, according to the report.
“I was trying to help Pop into his truck so he could leave and get help,” Will said.
Lockhart said after Will shot Pop and Pop was down, Will allegedly ran up to Pop and hit him over the head with the barrel of the gun.
Sheriff’s deputies did not find the gun Will accused Pop of having, although a television news videographer called and told Lockhart that while filming the intersection of Eastlake Hills Road and County Road 4547, which leads to Will’s residence, he found a black revolver lying in the ditch.
Sequoyah County Sheriff’s Department spokesman said late Thursday deputies were still investigating where the gun may have come from.
Will, who Lockhart said claims he was defending himself, was arrested on suspicion of shooting with intent to kill and assault and battery with a deadly weapon. He was taken to the Sequoyah County Jail. Will’s bond was set at $30,000 and his arraignment will be held Aug. 5 in Sequoyah County District Court, Sallisaw.
