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Atwater headed to trial in DPI shooting

Benjamin Atwater

ALPENA –A 58-year-old Alpena man accused of shooting at workers at a factory behind his home will head to 26th Circuit Court for a possible trial after two days of testimony during a preliminary examination.

Benjamin Atwater is charged with four felonies for allegedly using a handgun to shoot at or near workers at Decorative Panels International on May 12.

No one was hurt.

Atwater is charged with assault with intent to do great bodily harm less than murder or strangulation, a felony punishable by up to 10 years imprisonment or a $5,000 fine, firing a gun in or at a building, a felony punishable by up to 10 years imprisonment and/or $10,000 fine, assault with a dangerous weapon, a felony punishable by up to four years and/or $2,000 fine, and felony firearm, punishable by up to two years with and preceding any term of imprisonment imposed for a felony or attempted felony conviction.

The preliminary exam is used to determine if there is enough evidence to move the case to trial. Judge Thomas LaCross of the 88th District Court ruled Thursday there was.

Alpena Detective Sgt. Steve Davis and Sgt. Willam Gohl took the stand Thursday to talk about the police response to the shooting and about the investigation in the minutes, hours and days after the shooting.

Gohl said that, when the 911 dispatch came through, he went to the plant on Ford Avenue and was directed to a structure that was being worked on when the shooting took place. He said that, when he arrived, there were some workers on the ground and others taking cover on the roof. After clearing the roof, he found other workers inside the structure awaiting help. Gohl said that, once everyone was moved into the main building of DPI, it was clear that the workers were rattled.

“They were scared and upset,” he said.

During the investigation, Gohl said, one hole in the plant’s wall was found and diagnostics showed it measured close to the size of a round police say was fired from Atwater’s 9-millimeter weapon, which Atwater admitted using that day. Michigan State Police testing found no lead in or around the hole, but other marks, believed to be caused from ricochet, were found.

Davis said police interviewed witnesses and reviewed a phone message left by Atwater to DPI Senior Manager of Compliance Scott Ickes in which Atwater complained about the noise caused by work at the plant. A search warrant was requested and received for Atwater’s house. A State Police tactical forced-entry team was summoned, but not needed, as Atwater exited the house and talked peacefully with police.

Before Davis spoke to him, however, Atwater was allegedly using his fingers to form the shape of a pistol and pointing them at officers who were across the street.

Atwater admitted to Davis that he had fired the gun, but said he fired at an old burn barrel in his back yard. The plant is located just on the other side of the yard.

After inspecting the barrel, Davis said there was one bullet hole in it, but it was old. He said there were also no impact marks in the lawn or dirt around the barrel, which would have been expected had Atwater missed the barrel he claimed to be shooting at.

Davis arrested Atwater and took him in for questioning, during which Davis said he changed his story, claiming he had fired the gun as many as 10 times straight up into the air.

“He said that he wasn’t shooting at the employees or building,” Davis said. “That’s not what he told me at his house, though. He said he was only shooting at the barrel.”

Gohl led the search of Atwater’s home and, before entering, was notified by Atwater there was a gun in the house. The gun was taken as evidence, as were boxes of ammunition.

A date for Atwater’s first appearance in circuit court has not yet be set.

Steve Schulwitz can be reached at 989-358-5689 at sschulwitz@thealpenanews.com. Follow him on Twitter @ss_alpeanews.com.

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