A 35-year-old Casper man faces felony charges after a drunken errand to buy more beer ended with him allegedly hitting another vehicle on the way home and pulling a gun on the other driver and her boyfriend.
While those are the allegations spelled out in court documents made available Thursday, that’s not the story he told police after calling 911.
Daniel William Agin had a separate story for police, which they didn’t believe, and he now faces two felony and three misdemeanor charges in Casper Circuit Court.
Court records show the Casper Police Department responded to the area of 13th and Willow streets at 10:05 p.m. on Dec. 28 for a road rage incident. Both Agin and the victim had called 911.
When officers arrived, Agin told them the occupant of the other vehicle had thrown a rock at him, so he pulled a gun.
An arrest affidavit says that in separate interviews of Agin and the other driver, Agin’s story did not match the evidence at the scene. He also reeked of alcohol.
The 41-year-old victim told police she was driving northbound in the left lane on South Poplar Street toward her home in the 1100 block when she began to turn into her driveway.
Agin, also in the northbound lane, attempted to pass her in the southbound lane as she was turning. Agin’s green Toyota 4Runner collided with her Jeep, scraping his passenger side and leaving her Jeep disabled in the road.
The victim told police Agin moved back into the northbound lane, then turned around and pulled up next to the Jeep, striking her driver-side mirror.
He rolled his window down, “leaned out and pointed a firearm at (the victim’s) face and began to call her a (expletive) several times,” the affidavit states.
Agin then drove south on Poplar and watched the victim from two houses down. The victim said she saw him point his firearm again and she screamed for her boyfriend, who came out of their residence, the affidavit states.
“Agin then went back toward (the victim and her boyfriend) pointing his firearm and cursing,” the police affidavit says.
Both the victim and Agin then called 911.
Defendant’s Story
Agin told police that the Jeep backed out of the driveway and stopped in traffic, and he had tried to go around the Jeep when the vehicle hit him, the affidavit states.
He told police a male got out of driver’s seat of the Jeep and threw a rock at his windshield. Agin said he responded by lifting up his shirt and showing the man his firearm.
The affidavit states that the weapon was carried on Agin’s right hip, and it would not have been visible unless he had drawn it.
Damage to Agin’s vehicle was also inconsistent with his story. He stated his vehicle was hit on the driver’s side of the vehicle, but the damage was on the passenger side.
A field sobriety test showed that, “Agin did not correctly touch the tip of his finger to the tip of his nose a single time,” the affidavit states. The officer “stopped the test early due to Agin not being able to complete any portion correctly.”
Agin told police he had consumed two 24-ounce Budweiser beers at his house and there was an unopened 40-ounce bottle in his vehicle. A breath test showed his blood alcohol level was 0.08%, legally drunkunder Wyoming law.
Agin faces two counts of aggravated assault punishable by up to 10 years in prison, as well as a misdemeanor reckless endangering charge that carries a penalty of up to one year in jail. He also is charged with driving under the influence, a potential six-month jail term and $750 fine,and a charge of having no insurance, punishable by up to six months in jail and a $500 to $1,500 fine.
Bond was set at $50,000 cash or surety.
Dale Killingbeck can be reached at dale@cowboystatedaily.com.
