- Associated Press - Wednesday, April 22, 2015

IDAHO FALLS, Idaho (AP) - A bail bondsman won’t be charged after a deadly shooting in eastern Idaho that killed a wanted man in Ammon, a prosecutor said.

Bonneville County Prosecutor Danny Clark in a news release Tuesday said that 58-year-old Philip Clay had a weapon and pointed it at Christopher Dwayne Schulthies, 30, of Idaho Falls. Schulthies was one of six bondsmen at the scene attempting to capture Clay.

“Mr. Clay had a weapon that he pointed at multiple bond agents,” Clark said. “For this reason, it was not unreasonable that Mr. Schulthies shot and killed Mr. Clay.”

The Bonneville County Sheriff’s Office said Schulthies fired five shots that killed Clay on March 15 at an apartment complex parking lot in Ammon.

A police report released Tuesday said bullets from Schulthies’ .40-caliber handgun struck Clay in the chest, right leg and left arm. There is no evidence Clay fired any shots.

Clay had a felony warrant out of Ada County in southwestern Idaho for possession of a controlled substance with the intent to deliver. The warrant was issued in September with a bond of $100,000.

“I find that the bond agents had the right to take Mr. Clay into custody and that Mr. Clay did not comply with commands and resisted arrest,” Clark said.

Schulthies is employed by Vets Security Enforcement Agency, which is owned by one of the other bondsman present at the shooting, James O. Eggleston, 29. Schulthies has a criminal background that includes a DUI and drug possession.

Northwest Surety Investigations hired Eggleston to assist the four other bondsmen, who are all from the Boise area. They are Kathleen R. Flores, 46; Alfredo Arreguin Jr., 29; Guy R. Braceli-Gambino, 50; and Michael W. Moore, 47.

Clark said the bounty hunters previously spoke to Clay, and that Clay told them he would get into a shootout rather than go back to jail.

“A person has the right to use deadly force if he is reasonably in fear of death or great bodily harm,” Clark said. “The doctrine of self-defense extends to defense of others if the person believes another is in imminent threat of great bodily harm or death.”

Bonneville County Sheriff spokesman Sgt. Jeff Edwards has said that the bounty hunters told deputies about their plan to capture Clay, but that deputies said it was too risky and could lead to a shootout. Clark’s statement said that bond agents had tried to arrest Clay several times without force but weren’t successful.

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Information from: KIFI-TV, https://www.localnews8.com/

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