Jackson police say that a 63-year-old Nevada man claims he was acting in self-defense when he unleashed a load of bear spray into the face of a tour bus driver who allegedly threatened to kill him.
The victim, however, told police that the Nevada man was outraged to be caught behind the slow-moving tour bus during heavy traffic in Jackson, then stopped to yell F-bombs at the bus driver during the Sept. 16 altercation.
Then the victim reported that while he was getting something from the cargo area of the bus, the older man drove by in his white Toyota pickup, leaned out the open driver’s side window and unloaded a wash of bear spray into the bus driver’s face.
The angry man then drove away and wasn’t located again until Thursday, when his truck was picked up by local Flock license plate reader cameras, according to an affidavit of probable cause filed in Teton County Circuit Court and made available Monday.
That’s when police stopped John Frances Harrington and arrested him on suspicion of aggravated assault and battery, a felony.
Double Middle Fingers
The bus driver told police that he was attempting to park along the road so the tour group could make a stop at Dairy Queen when the confrontation began, the affidavit says.
“While delayed in slow-moving traffic, the victim observed a white Toyota pickup truck with a topper driving aggressively behind the bus,” according to the affidavit. “The driver appeared annoyed by the slow traffic.”
Once parked, the tour bus guests went into the Dairy Queen and the driver stood outside the restaurant to keep an eye on the bus, he told police.
The driver saw the Toyota pickup park behind his bus.
“The driver of the white pickup exited the truck, crossed toward the Dairy Queen, (and) repeatedly yelled, ‘F*** you’ and displayed both middle fingers toward the victim,” the affidavit says. “The victim stated that he responded similarly and that both men yelled at one another.”
That wasn’t the end of it, however, the tour bus driver told police. At one point, he walked back to the bus and opened the cargo compartment to get a bottle of water.
That’s when it happened, the driver claimed.
“As the victim opened the cargo compartment, he heard a vehicle engine accelerate and grow louder, as though the vehicle were approaching him,” the affidavit says. “He turned and saw the white Toyota pickup approaching.”
The driver’s side window was rolled down and the same man he had just exchanged F-bombs with was driving.
“(He) sprayed the victim in the face with what was later determined to be bear spray,” the affidavit continues. “The victim stated that he could no longer see after being sprayed and that the pickup continued away from the scene.”
I’ll Kill You
After talking to the bus driver, Jackson police began a search for the white Toyota and its owner.
The bus driver had managed to get a few seconds of video of the truck before getting hit with bear spray, the affidavit says, adding that law enforcement used that to identify Harrington.
Because he’s from Nevada, they believed Harrington had left the area.
Then eight days later, Jackson’s Flock camera network picked up Harrington’s truck in town, which led to police making a stop and arresting him.
Harrington told investigators a completely different story from the bus driver’s, claiming he was the one harassed and that he only used the bear spray to defend himself, the affidavit says.
“The defendant stated that the victim followed him from the grocery store to his truck, bend over him, yelled ‘I’ll f***ing kill you,’ and stepped toward him,” according to the affidavit. Harrington then said “that he then ‘defended himself’ … and that he acted in self-defense.”
His account was that they were both outside their vehicles at the time.
However, the affidavit says evidence collected from the original scene showed bear spray residue on and around the cargo compartment of the bus and the angle of the spray is consistent with spraying down out the truck window at a man either crouching or getting up.
When searching Harrington’s vehicle, the affidavit says police found a can of bear spray in the driver’s side door compartment.
Using bear spray on a person can be dangerous, the affidavit says, which justifies a charge of aggravated assault and battery, which could get Harrington up to 10 years in prison, if convicted.
A warning on the can seized from Harrington’s truck reads: “Do not spray this product on objects, tents or humans. … May cause irreversible eye damage if sprayed in the eyes at close range.”
Harrington made his initial appearance in Teton County Circuit Court on Friday, and is free on a $2,500 bond ahead of an Oct. 9 preliminary hearing.
Greg Johnson can be reached at greg@cowboystatedaily.com.
