Attempted murder charge filed Friday

Wednesday, August 3, 2011

An Old Belfast Road man was arrested Friday by Marshall County Sheriff's deputies who charged him with attempted criminal homicide, reckless endangerment, aggravated assault and resisting arrest in connection with gunshots fired at them and a shop.

Roy Edward Overcast Jr., 70, was being held without bond in connection with the incident that began at about 10:47 p.m. Friday when the Sheriff's Department received a call from Phillip Wayne Overcast of Delina Road who said his father was shooting at his shop at 2027 Old Belfast Road.

It appeared that the shop had been struck twice by gunfire, according to Sheriff's Department reports. Two deputies arrived on the scene at about 11 p.m. and found the father on the front porch of a cabin armed with a 30-30 rifle pointed in their direction.

"The deputies announced, 'Marshall County Sheriff's Office, put down your firearms,'" the Sheriff's department said in a press release. "At this time [Roy Edward] Overcast started shooting, striking one of two patrol cars two or three times.

"After a brief stand-off, other officers arrived on the scene [... and were] able to approach [Roy Edward Overcast] from behind about 10 feet, firing a Taser bringing Mr. Overcast under control," the department reported.

Overcast, who was born in December 1940, was being held without bond until a court hearing.

"Due to Mr. Overcasts' actions," the Sheriff's Department reported, "he has been charged with attempted criminal homicide, reckless endangerment, aggravated assault and resisting arrest."

Sheriff Norman Dalton commended the deputies' actions for bravery and handling the situation without injuries. Dalton said he thinks this is one time that using a Taser could possibly have saved someone's life.

Responding to the scene were Deputies Matt Owens, Drew Binkley and Tony Nichols, Capt. Bart Fagan, Cornersville Officer Sean Sweeney and Lewisburg Police Detective Sgt. David Henley, and Detectives Scott Braden and James Johnson.

Phillip Wayne Overcast had been working on a car owned by Doug Dalton of Collier Road. The elder Overcast arrived at the shop with friends and his son said he had to continue working on Dalton's car. Roy Overcast left, but soon the son and Dalton heard shots.

During the encounter, Roy Overcast said he could shoot his gun on his property, according to Owens' report. One of the rifle shots, however, did penetrate the left front fender of Owens' patrol car.

Fagan used the Taser gun and the 70-year-old man was taken into custody without incident.