EC man gets probation for gunshot wound, struggle over pistol
Jul. 1—EAU CLAIRE — An Eau Claire man will spend five years on probation in connection with an incident where a woman was shot in the leg because of a struggle over a pistol.
Darroyl L. Bandy, 38, 1828 S. Hastings Way, pleaded guilty Wednesday in Eau Claire County Court to two felony counts of bail jumping and felony counts of second-degree recklessly endangering safety, possession of a firearm by a felon and possession of marijuana with intent to deliver.
Additional felony counts of possession of a firearm by a felon and bail jumping, and misdemeanor counts of possession of drug paraphernalia and obstructing an officer were dismissed but considered at sentencing.
Judge John Manydeeds fined Bandy $2,590.
As conditions of probation, Manydeeds ordered Bandy not to have contact with the Inn Towne Hotel, Regency Inn & Suites, and known drug dealers or users. He must also maintain absolute sobriety.
Co-defendant Sherise M. Howard, 48, of Eau Claire, was previously sentenced.
According to the criminal complaint:
Howard arrived at Mayo Clinic Health System in Eau Claire on the evening of Aug. 7 for treatment of a gunshot wound. Howard's boyfriend drove her to the hospital and told police that she was shot by another man — whose identity he did not know — while in a car parked outside the Inn Towne Hotel.
The boyfriend said Howard had pulled a gun out of the glove box and proceeded to cock it. The car's driver then grabbed the firearm and it discharged during the struggle.
When a police officer interviewed Howard in the operating room, she said the shooting was an accident and did not know the real name of the man who owned the gun, only his nickname. She explained that she had been holding the gun in the man's car and was putting it away when he grabbed it and it fired.
The bullet went into her calf and exited near her ankle, which police found was consistent with Howard's account of being seated in a car when the shooting happened.
Using the nickname provided by Howard and witness accounts of the Chevy Impala seen at the shooting, police determined Bandy was a suspect.
On Aug. 12, an officer on patrol saw a Chevy Impala parked outside of the Regency Inn & Suites that matched the description of the car involved in the shooting. Bandy was in the driver's seat in a reclined position, apparently sleeping. Upon recognizing Bandy from prior contacts and aware of an arrest warrant for him and the open shooting case, the officer called for backup.
Additional officers used their squad cars to surround the Impala and ordered Bandy to exit the vehicle. After initially arguing and refusing to comply, Bandy got out of the car. However, while he was being handcuffed, Bandy tried to kick the car door shut and lock it, telling officers they could not search his vehicle.
When officers did search the Impala, they found a loaded 9 mm pistol in the glove box along with a large bag containing 137 grams of marijuana.
Bandy claimed he did not own the pistol and that other people placed marijuana in his vehicle. Bandy also said that while he had learned from other people that Howard had been shot, he did not have any involvement in it.
