Man accused of pointing gun, firing in the air during fight reaches plea
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POCATELLO — A man who was accused of aggravated assault and aggravated battery involving a gun has reached a plea agreement.
Nathan Ray Kelly Ellis, 20, was arrested on Jan. 1 after multiple people accused him of brandishing a firearm.
Witnesses told officers that during an altercation, he pointed a gun at multiple people, then fired it in the air. He was charged with two counts of felony aggravated battery, aggravated assault and destruction of evidence. He also received an enhancement for use of a deadly weapon.
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According to an agreement reached with the Bannock County Prosecutor’s Office, Ellis will plead guilty to aggravated assault and concealing evidence at a change of plea hearing on March 31. In exchange, both aggravated battery charges, as well as the deadly weapon enhancement, will be dismissed.
Ellis is accused of pulling a semiautomatic handgun during a scuffle in a fast-food parking lot. The argument allegedly started when a group of people that included Ellis were blocking the drive-thru line.
After pulling the gun, Ellis is alleged to have pistol-whipped one person and pointed it at multiple others before firing at least one round in the air.
When officers were flagged down by witnesses, Ellis allegedly attempted to hide the gun in his car and change his clothes.
Two people involved in the altercation were transported to Portneuf Medical Center for treatment — one for cuts and bruises to the face, the other was treated for a fractured shin.
Following the change of plea hearing, Ellis will be scheduled for sentencing. Aggravated assault carries a maximum penalty of five years in prison and $50,000 in fines.
On Jan. 13, additional felony charges of aggravated assault and a deadly weapon enhancement were added in a separate case regarding the same incident. Court documents do not include those charges in the plea agreement.
Although Ellis has been charged with these crimes, it does not mean he committed them. Everyone is presumed innocent until they are proven guilty.
Ellis is scheduled for a jury trial on April 5 for the newer charges.