Midland man allegedly fires at victim over argument
A Midland man is facing charges after allegedly firing a pistol at a man due to a family argument.
According to a probable cause filed by Jasonville Police Department Officer Dustin Cain, Elva Wiley Jr., 55, allegedly fired his .44 magnum revolver at a man the evening of June 29.
Cain wrote Greene County Dispatch received two calls regarding the incident from the victim and his wife. Both stated they were unharmed, but were noted to be visibly upset upon Cain’s arrival.
Cain added after talking to the victim and his wife to get them to the Jasonville Police Department for an interview, dispatch received a call from a man with Wiley who stated he wished to speak with an officer regarding the situation. Greene County Deputies Bobby Pierce and Blake McCamey were dispatched to stand by with the individuals while interviews were conducted.
The victim was interviewed first, who reportedly stated he had received a call from his wife regarding a family member “bad mouthing her.” The victim stated he contacted the family member and told him when he would be home so he could speak with him in person.
“(The victim) said while he was traveling home from work he received a text from (his wife) stating (the family member) was waiting outside his residence sitting on his truck. (Her) message also noted that (the family member) had a knife in his pocket and had mentioned that he was going to ‘gut’ the victim,” Cain wrote.
The victim then stated he called the family member, but his phone was answered by the man with Wiley. After a reportedly heated discussion, the man hung up and the victim stated he saw Wiley and the man driving around his residence.
Both Wiley and the man with him allegedly began having a heated exchange with the victim before they walked back to their truck and pulled out a gun.
“(The victim) said Elva took maybe two steps past the front of the truck, brings the gun up, pulls the hammer back and fired it right at him,” Cain wrote.
After the shot, Wiley and the man with him reportedly got back into their truck and left the residence.
The wife was then interviewed, who stated the incident allegedly all took place in front of her children.
“(She) stated both of the men tried to jump on (the victim). She said she tried to get between them. (She) said Elva walked around to the passenger side of the truck, gets in the truck, pulls out a pistol and said ‘(Expletive) it I’ll end this (expletive) now,’” Cain wrote.
The victim’s wife stated at this time Wiley fired the pistol and left in his truck.
Wiley was then interviewed, who reportedly stated his family member had received five calls from the victim who stated he was “going to whip everyone.” Wiley added he went to the residence because he was hot headed and was tired of hearing about it.
Upon arriving at the residence, Wiley reportedly stated the victim had attempted to strike him before his wife stepped between them.
“Elva said he shoved (the victim’s wife) out of the way and (the victim) ran to grab a ball bat. Elva said as (the victim) ran to get a bat, Elva shot at the ground,” Cain wrote. “Elva said he shot at the ground the first time and started to pull the hammer on the gun back to shoot a second time.
“I asked where he would have shot (the victim) the second time. Elva said right in the stomach.”
Wiley reportedly stated he had the firearm on him the whole time and had been walking back to get in his truck when the victim ran to get a bat.
“I asked Elva if he had any intention to kill (the victim). He said probably if he had pulled the hammer back on the gun a second time,” Cain wrote.
The man with Wiley was then interviewed, who stated he received a call from a family member regarding the exchange between him and the victim’s wife. He stated his family member received a phone call from the victim, who was reportedly swearing at him and saying a variety of things to him.
Wiley and the man reportedly stopped by Wiley’s residence to retrieve the gun and were going to drive past the victim’s residence, but the victim was “in the yard mouthing.”
“(He) said he was trying to talk to (the victim), but (the victim) kept pointing fingers at his face,” Cain wrote.
The man stated the victim’s wife then got in between Wiley and the victim, where Wiley then fired a shot into the ground and the victim ran to get a back. The two then returned to the truck and left.
The .44 magnum, one spent shell and five unspent casings were taken into custody as evidence.
Wiley was arrested on preliminary charges of intimidation where a deadly weapon is drawn, a Level 5 felony, carrying a handgun without a license, a Class A misdemeanor and criminal recklessness with a firearm, a Level 6 felony. His initial hearing is scheduled for Thursday, July 13.