Bird sentenced to four years for assaulting officer

A Polson man was sentenced in District Court Nov. 21 to the Montana State Prison for four years, none suspended, for assault on a peace officer. Nathaniel Bird, 39, was also given a four-year deferred term for criminal possession of dangerous drugs.

Bird was found guilty of the charges by a Lake County jury on Oct. 8.

According to court records, on April 28 Polson Police responded to a report of a prowler attempting to steal a pickup with a screwdriver. The reporting party said he and his family confronted the man, and the man pointed a “finger gun” at all of them and told them they were dead.

When the family advised the man they were calling the police, he left the area. Polson Police officer Michael Wharton responded and located a male near the 7th Ave. W. Skate Park who matched the description of the alleged prowler.

Officer Wharton asked the man, later identified as Bird, to remove his hands from his pocket as he was being detained for the investigation. Bird refused orders to get on the ground and argued with Officer Wharton, who warned the suspect that he would deploy his stun gun if he did not comply with his orders.

Bird made threats to Wharton after deploying his stun gun, which had no effect. Bird was hit with a stun gun a second time, still with no effect.

After the second failed attempt with the stun gun, Bird reportedly “squared up” as if to fight Wharton. The officer tackled Bird, who continued to resist arrest and fight until Wharton eventually held him to the ground until he tired enough to secure him in handcuffs. Wharton received a small cut to his lip during the struggle.

Bird was later found to be in possession of a pipe, commonly used for ingesting drugs, and a small amount of methamphetamine.

Bird offered some expletives aimed at the court and prosecutor as he was being led out of the courtroom. The tirade came directly after the sentence was pronounced by Judge Mercer, who had just warned Bird about his disrespectful behavior at trial.