A rural Powell man who is alleged to have beaten his father in a December altercation is asserting that he only acted in self defense.

Park County prosecutors have charged Brian C. Lewis, 40, with two felonies and one misdemeanor, but Lewis is asking a judge to throw out the charges. He and his attorney are citing a 2018 law that says a person can not be prosecuted for using “reasonable defensive force.”

Lewis’ 63-year-old father told authorities that his son repeatedly punched him — reportedly causing a brain bleed — threw him into a wall, threatened him with a gun, fired the weapon and put the man in fear of his life. However, Lewis recently gave a different version of events in Park County District Court, testifying that his father came at him multiple times and caused him to fear for his own life.

After hearing Lewis’ account last month, District Court Judge Bill Simpson ruled that the defendant had “met the minimal burden of presenting a prima facie case that he acted reasonably in self defense within his own home to a danger that led him to believe his life was in danger.” 

As a result, prosecutors will now need to rebut the claim that Lewis used reasonable defensive force before they can take their case to a trial.

The county attorney’s office will need to convince Simpson by a “preponderance of the evidence” — basically showing that it’s more likely than not — that Lewis’ force was excessive. If they meet that relatively low burden, the case would then proceed to a jury trial, where prosecutors would need to prove their case “beyond a reasonable doubt.”

Simpson mentioned in his ruling that the Park County Sheriff’s Office had presented evidence that “might shed a different light on the circumstances” than the narrative presented by Lewis.

Two different stories

The incident took place in the early morning hours of Dec. 18, at the Heart Mountain area home that Lewis was sharing with his father. The two men reportedly got into an argument over Lewis’ dogs that escalated into a physical fight.

According to the father’s account, Lewis backed him into a wall and yelled at him to get out of the house. The father told the sheriff’s office he was beginning to fear for his life as Lewis closed in, so he began chopping at Lewis’ throat to get him out of the way.

However, Lewis said his father punched him in the throat and ear, causing him to believe that his father “was going to kill him,” according to Simpson’s recounting of the testimony. Lewis said he punched back and knocked the older man down.

Lewis’ father also said that Lewis punched about 15 times in the stomach and head — including while he was on the ground.

The man also said Lewis threw him into a wall, which broke a mirror and the wall behind it; sheriff’s deputies later found a mirror hung over a patch of damaged drywall.

The father also reported that Lewis forced him to stay in his room, pointed a pistol at him and fired a round into the floor; deputies later found a bullet hole in the mattress the father had been using.

However, Lewis testified that he didn’t remember a shot being fired. He said his father threw a pistol at his leg during the fight, so he threw it back.

Lewis said his father then rushed at him and punched him again, so he pushed the man over a bed. After that, Lewis said his father came at him with a lamp, so he grabbed the man and knocked him down. At that point, Lewis testified that his father “had had enough” and left the residence.

“Brian [Lewis] testified that his actions were to protect his own safety and that they were a reasonable response to [his father’s] actions,” Simpson wrote in his ruling.

Pending charges

Lewis’ father sought medical attention at Cody Regional Health and called the sheriff’s office the next day, after returning to his home in Washington, changing documents say.

The father reportedly expressed concern that Lewis would retaliate, telling a deputy that Lewis had threatened to kill him if he called the police.

Prosecutors charged Lewis with two felony counts of aggravated assault and battery. One alleges Lewis threatened to use a drawn deadly weapon and the other alleges he caused serious bodily injury “under circumstances manifesting extreme indifference to the value of human life.”

They also have filed a misdemeanor count of false imprisonment.

Lewis was arrested on Dec. 21 and spent close to two months in jail before being released on a $75,000 surety bond.

As of Friday, Simpson had not scheduled the next hearing in the case.