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MONTICELLO — The brother of a Colorado man accused of fatally shooting another man in Monticello over the weekend says he believes his brother was only trying to defend himself and his family.
"It was self-defense — 100%," Wade Daves told KSL.com Wednesday.
But family members of the victim disagree, and say there was no reason for the alleged gunman to confront him.
"He didn't need to go out there," said Caren, Lemuel Prion's half-sister who declined to provide her last name.
On Monday, Sage Jennings Daves, 22, who lives in Dove Creek, Colorado, was charged in 7th District Court with murder, a first-degree felony, in Prion's death; plus trespassing, marijuana possession and possession of drug paraphernalia, class B misdemeanors.
Wade Daves, however, disputes several of the allegations listed in an arrest report filed by a San Juan County sheriff's deputy. He says the victim, Prion, 61, had been harassing his family for months and demanding "payment" from his father, even though he said Prion did not own the land where the confrontation took place. He says Prion had been squatting on property owned by a third party that is adjacent to Daves family property
Caren, however, says that Lemuel Prion was dating the woman who owns the property and was living on a trailer as a representative of the landlord. She says the Daves family had been attempting to purchase a portion of the land but had not paid the landowner in months. Caren alleged that the night before the shooting, Prion had attempted to serve eviction papers to Daves' father, which turned into a contentious confrontation.
Wade Daves, however, says the problems caused by Prion included him driving over the gate dividing the two properties, taking out the posts in the process, and doing "doughnuts" on his family's land. Last winter, he claims Prion released his father's horses from their corral.
Sage Daves' father called his son about 8:40 a.m. Sunday "saying Lemuel was causing issues at their property," according to a police booking affidavit.
Wade Daves said his brother was going to drive from his work in Dove Creek, Colorado, to try and talk to Prion.
"He said, 'I've got to go take care of this and calm him down.'"
The affidavit says Sage Daves "drove about 20 miles to Lemuel Prion's residence" and "while they were talking, Lemuel threatened to burn Sage's family alive. Lemuel then picked up a pitchfork and came after Sage saying, 'I'm going to gut you.'"
"Lem picked up that pitchfork and he took off running for Sage," Wade Daves said. "Sage ran for the truck to try and get out of there."
But because his brother owns an older vehicle, Wade Daves said the truck wouldn't start right away. Meanwhile, Prion was allegedly still advancing with a pitchfork.
According to the affidavit: "Sage then states Lemuel stabbed the front of his truck with the pitchfork and continued to threaten Sage. Sage pointed the gun at Lemuel to get him to stop, but Lemuel instead lunged at Sage with the pitchfork."
Investigators say Sage Daves then "shot 17 rounds at Lemuel, striking him multiple times. Lemuel had bullet wounds in his left leg, left arm, abdomen, shoulders, chest, and head. Lemuel succumbed to the gunshot wounds and died on the scene," according to the arrest report.
Wade Daves disputes some of those findings.
"My brother did not fire 17 shots," he said. "I counted the casings."
He also says his brother told him Prion lunged directly at Sage Daves with the pitchfork and not at the truck. Wade Daves was not present when the shooting occurred, but arrived at the scene shortly after. He described his brother as being in "shock."
"I was so scared," Wade Daves says his brother told him when he arrived. "I didn't know what to do. He came at me with that pitchfork. I was scared, but I couldn't get out of there fast enough. I didn't pull the trigger until he lunged at me," while adding that his brother stated he "pulled the trigger until the gun was empty."
Wade Daves says "there was no property dispute" and that his brother was simply acting in self-defense. He described his brother as "one of the nicest people around" and a "hard working man" who does jobs in construction, farming and ranching.
"My brother has no criminal record, has never been in trouble. He's not a bad guy," he said.
On the other hand, Wade Daves pointed to Prion's criminal history, which is extensive. In 1994, Prion was convicted of three crimes in two cases — aggravated assault, being a drug dealer without affixing a tax stamp and possession of a weapon in a correctional facility — being found guilty and mentally ill. He was sentenced to a total of 15 years at the Utah State Prison. Prion's defense had requested probation, but the judge ruled that Prion's history indicated that he posed a risk for "serious violent behavior," according to a court docket.
In 1992, Prion was accused of murdering and dismembering a 19-year-old woman in Tucson, Arizona after the victim's severed arms were found in a dumpster. He was convicted in 1999, but the Arizona Supreme Court unanimously overturned his conviction in 2002.
The last time Prion was in the custody of the Utah Department of Corrections was May 2012.
While Prion did have a lengthy criminal history, his half-sister says that was long ago, and it shouldn't be a factor when talking about what happened over the weekend.
"I don't feel like it's fair. Need to go on the facts of what's going on right here in the now," she said. "He was a shell of a person he was back in the day when he was in trouble for stupid things."
Caren said her brother was on disability at the time of his death. And while she admits he had a "big mouth," she does not believe the pitchfork story. According to her, Prion was on the phone with his girlfriend at the time of the shooting. She believes the call and his phone records will be used as evidence in the case.
The San Juan County Attorney's Office told KSL.com Thursday that prosecutors filed the charges they believe best fit the evidence, but declined further comment.
