SIDNEY — A Houston man’s case was recently dismissed in Shelby County Common Pleas Court.
Timmy L. Mowery, 56, 3960 State Route 66, Houston, was indicted Sept. 10, 2015, on one count of felonious assault, one count of kidnapping and one count of having weapons while intoxicated.
He was indicted following an incident on Labor Day 2015. The incident began when the Shelby County Sheriff’s Office received a 911 call at 12:28 a.m. of shots being fired. Deputies responded to Mowery’s address where they learned from Terry W. Eilerman, 3900 State Route 66B, Houston, that Mowery had allegedly shot at him.
According to the report, Eilerman told deputies he went to the Mowery residence to “smooth over the past,” which included a physical altercation between Eilerman’s son and Mowery’s brother nine years ago. He said they were drinking beer and liquor when an argument ensued between the two.
Eilerman told deputies Mowery disappeared and when he reappeared, he had a handgun. Mowery allegedly fired one shot into the air and one shot at Eilerman into the ground. Mowery got behind Eilerman and told him to get on his knees and allegedly said, “It’s all over now.”
Eilerman said he got onto one knee and Mowery allegedly put the gun to Eilerman’s head. Eilerman was able to get up and ran to his residence. While he was running, Mowery allegedly fired at least one more shot at Eilerman.
After Eilerman got to his residence, 911 was called. Multiple units responded to Mowery’s residence where attempts were made by a loud speaker to get Mowery to come out of the residence.
The report continues that Mowery’s wife, Pam, came outside and said he was passed out on the bed. She gave deputies permission to enter the house. When deputies entered the bedroom, they found Mowery lying face down on the bed. They placed him in handcuffs without incident.
A handgun was found in the garage and was taken into evidence. A rifle was also found at the residence and was removed from the scene.
According to court records, on Jan. 8, 2016, at the request of the State of Ohio, the case was dismissed without prejudice, with all costs to be paid by the state.