Burbank man charged
with aggravated assault On March 27, at 6:30 p.m., Clay County sheriff's deputies were dispatched to a Burbank residence after a report was made that a man had fired a shotgun over the head of another man. At the time of the report, it was not known if the suspect was still armed or threatening any other people in the area. Due to the nature of the report, assistance was requested from the Vermillion Police Department as well as the Union County Sheriff's Office. Officers from those agencies responded and together with a Clay County sheriff's deputy, observed the suspect at his residence and made contact. The investigation indicated that the victim had been practicing shooting clay pigeons in the area of the suspect's residence prompting him to confront the victim, threaten him verbally, and then fire a shotgun into the air in the direction of the victim. The allegation indicated the shot passed closely over the victim. Officers identified the suspect as David Nieman of Burbank. Subsequent to the investigation, Nieman was arrested and charged with aggravated assault, possession of a firearm while intoxicated, and driving while intoxicated. He was later released on bond. Aggravated assault is a Class 3 Felony and even though the victim was not injured, any person who attempts by physical menace with a deadly weapon to put another in fear of imminent serious bodily harm is guilty of Aggravated Assault. The next day, March 28, David Nieman made a report that the same person was again firing at clay pigeons near his residence. Deputies responded and mediated the dispute. Sheriff Andy Howe encourages any person with a concern such as this to use the latter approach and call law enforcement. "Anytime a dangerous weapon becomes involved in a dispute where alcohol, tempers, or other emotions are in play, the potential for serious consequences exists. Mistakes can be made which can result in criminal charges, as in this case, or possible injuries or fatalities which could have been avoided," Howe said.
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