Bigknife gets deferred sentence for BB gun shooting

A young man, formerly of Polson, had his sentencing on an assault with a weapon conviction deferred for six years Sept. 27 in Polson District Court.

Marshall Bigknife, 19, entered the guilty plea July 19. Bigknife admitted to shooting a man in the face with a BB gun.

According to court records, at about 1:15 a.m. Sept. 6, 2022, Polson Police responded to a report that a man on Main Street had an injury to his face. On scene, police witnessed an elderly man sleeping on a mattress in the alley off the 400 block of Main Street. The man claimed that he had been shot with a BB gun multiple times.

Bigknife was shortly apprehended a short distance away. When questioned about the BB gun and where it might be, Bigknife went silent. He eventually admitted that he shot the man 15 to 16 times with a CO2-powered BB gun.

The victim was shot three times in his left eye, and was initially treated at Providence St. Joseph Medical Center in Polson, before he was airlifted to a hospital in Missoula where he underwent multiple procedures.

In explaining the recommendation for a lenient sentence, Brendan McQuillan with the Lake County Attorney’s Office indicated to Judge Molly Owen that certain evidence may not be admissible should the case proceed to trial. He said statements from a key witness were contradictory, and the BB gun was never located.

The victim in the case, David Vanhaverbeke took the witness stand at sentencing and asked Bigknife, “How would you like it?” He also explained that he still has a BB lodged in his brain and one in his cheek that are too dangerous to operate on. He also stated that he lost the use of his left eye and is losing vision in his right eye, as a result of the shooting.

In handing down the lenient sentence, Judge Owen said, “it pains me to do this.” She also ordered Bigknife to pay restitution of $1,391.55 and gave him credit for having already served 121 days in jail.