Bird found guilty of drugs, officer assault

Judge John A. Mercer set a sentencing date of Nov. 21 for Nathaniel Bird, 39, an Idaho man convicted of assault on a peace officer and criminal possession of dangerous drugs. Bird was convicted by jury at the conclusion of a trial in District Court at Polson, which began Monday Oct. 7.

According to court records, Polson Police responded to a report on April 28 of a prowler attempting to steal the caller’s 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 to the area and located a male near the 7th Ave. W. skatepark matching 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 Bird that he would deploy his stun gun if the suspect did not comply with his orders. The officer then deployed his stun gun, which had no effect, and hit the suspect with the stun gun a second time, still with no effect.

After the second failed attempt with the stun gun, Bird “squared up” as if to fight Wharton. The officer tackled Bird and held him to the ground until the suspect eventually tired enough that Wharton was able 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.

He remains in the Lake County Jail until sentencing.