The Bethel Police Department has released a statement denying that it failed to submit evidence to prosecutors in the case of Daniel Misner, who pled out to assault charges after firing shots in a residential neighborhood of Bethel earlier this year.
On Monday evening, the Bethel Police Department posted on its Facebook page that “We would never withhold evidence pertinent to a case.” The department went on to defend its position by listing its disagreements with statements made by Bethel’s District Attorney, Michael Gray, who was interviewed by KYUK for a story two weeks ago. Gray has been unavailable to respond to the release because he is attending a funeral.
The Facebook post from the police also shows a picture of a stocking cap, which the victim confirms is the hat he was wearing during the shooting, and which was damaged when a bullet grazed his head. The DA told KYUK he never saw the hat, though it is mentioned in charging documents and police say they have a signed statement that it was received by the DA’s office. Because he didn’t see it, Gray told KYUK in an interview that he did not factor it into his decision to offer the shooter a deal that could reduce his sentence from almost ten years, to a little under one, by dropping a charge of attempted murder and accepting a lesser assault charge in exchange for a guilty plea.
The police release says that 12 individuals were contacted near the crime, and it listed five as witnesses that the DA’s office subpoenaed for a grand jury, the records of which are sealed. However, the DA told KYUK that only two of these witnesses actually saw the shooting, and he said that the two who saw the shooting gave conflicting accounts of the defendant’s intent.
The police press release makes note of another witness whose account aligns with the victim's allegation, and suggests that Misner was actively trying to kill. The DA said that he also never saw this testimony. In their release, the police acknowledged that the witness, Gene Peltola Sr., contacted them, and police say that they took a preliminary report by phone, which Peltola confirms. Peltola says that the department never followed up, and his name does not appear in any court documents available to KYUK.
The Facebook post by the Bethel Police Department says that they did not know about the deal Misner was getting, and says that the investigation is still listed as active and awaiting instructions from the DA.
KYUK will continue to seek a response from District Attorney Gray.