A 22-year-old man shot by an 85-year-old homeowner after Riverton police said he broke into a home last August pleaded no contest Thursday to unlawful entry.
Jeremy Merta, of Riverton, had spent much of the night of Aug. 9 drinking at a local bar, according to court documents.
When he tried to enter 85-year-old Wayne Williams’ home in Riverton sometime after 11 p.m., the two men fought and tumbled down the concrete stairs in front of the home, Williams told Cowboy State Daily in a prior interview.
Then Williams shot Merta, Williams said at the time.
Merta was taken to the Banner Health Medical Center in Casper with a gunshot wound to his torso, says the case affidavit. Months of operations and recovery followed, according to a detective’s March 10 court testimony.
After establishing a plea agreement with Fremont County Deputy Attorney Jonah Buckley earlier this month, Merta pleaded “no contest” to the felony-level charge of unlawful entry Thursday in Fremont County District Court.
The plea agreement offers Merta a “301” deferral in exchange for the plea, meaning if Merta completes a period of probation successfully, then the felony conviction will not be entered into his record.
The length of that term of probation is up to Judge Jason Conder, the plea agreement says.
The plea agreement also said that Merta would plead guilty Thursday, but he actually pleaded “no contest” with the judge’s permission.
That’s because he was too intoxicated that night to remember enough to give an in-court confession required when pleading guilty, Fremont County Attorney Micah Wyatt said in a text message Monday to Cowboy State Daily.
“The judge allowed a no contest plea as the defendant’s level of intoxication on the night in question would not allow him to provide a factual basis for a guilty plea,” wrote Wyatt.
The “factual basis” is essentially a confession to the crime – essential when giving a guilty plea to the court.
But it’s not required from the defendant for a no contest plea. A no contest plea functions like a guilty plea but it can help a defendant avoid some civil liability.
Merta declined to comment on the case on Monday.
His sentencing hearing is set for Aug. 28.
The Scuffle
Williams told Cowboy State Daily in August that he heard pounding on his door that night and answered it – which he later regretted.
The intruder, later identified as Merta, appeared intoxicated. He was 6 inches taller than Williams, who stands roughly 5 feet, 3 inches tall.
The intruder barged into Williams’ home, Williams recalled. Williams tried firing off a shot with his pistol, but the gun only clicked. He’d forgotten to rack a round into the chamber, he said.
“Go ahead and shoot me,” said the intruder, according to Williams’ interview.
Williams wrestled and pushed the man back outside, he said. Fortunately for the older man, the visitor was “kind of uncoordinated,” Williams said.
They wrestled and grappled on the front porch.
It was a quick scramble in the dark, but Williams believes the intruder tripped on the top stair of his porch steps, causing him to tumble down the stairs. He took Williams down with him, the latter recalled.
“So we both fell down the stairs. I was on top of him at that point,” said Williams, adding that he and the intruder were both struggling to get to their feet.
Then Williams fired a single shot into the dark. Court documents indicate it was a .380-caliber bullet that entered Merta’s abdomen and exited through his back, leading to multiple and prolonged medical treatments.
Williams heard the intruder say, “I’ve been hit.”
Beers, José, Jager
Riverton Police Department Detective Peter McCall went to the Banner Health Medical Center in Casper to interview Merta on Aug. 12, he testified at Merta’s March 10 court hearing. The detective found the wounded man on a gurney after a recent health intervention — possibly a surgery, he said in court.
Merta recalled he’d started drinking with family members at a local bar around 5 p.m. that night, consuming beers, Jägermeister, and José Cuervo, McCall said.
Merta went home with his family members, then back to the bar, then back home.
The case affidavit says Merta left his home on foot, believing he was headed to the Cedar Bar, which is several blocks away from Williams’ home.
A female family member told law enforcement at the time that Merta was upset when he left the house, says the affidavit.
Merta told McCall that he blacked out at some point, and the next thing he remembered was waking with Williams standing over him, having been shot, the detective testified.
Merta’s female family member told investigators that she was worried about Merta and went out to look for him and found him in Williams’ yard with the emergency medical personnel already on scene, says the affidavit.
Merta was taken to a hospital for treatment, which extended into months. Police told Merta to stay in touch with the authorities so he could make his court dates, and Merta did an “excellent job” following their instructions while he was recovering, McCall had testified.
Clair McFarland can be reached at clair@cowboystatedaily.com.
