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Judge denies motion in shooting case
Trial scheduled to begin Monday
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Forsyth County News

 

 

A request to suppress evidence in the case of a man accused of attempting to shoot a Forsyth County Sheriff’s deputy last fall has been denied.

 

Forsyth County Superior Court Judge David L. Dickinson issued his written decision after hearing arguments earlier this week.

 

The trial for 38-year-old Hollis Dean Garmon is scheduled to begin Monday.

 

Garmon’s attorney, Robert Kenner, has also sought a change of venue, which Dickinson said could be considered during jury selection.

 

Dickinson had earlier granted Forsyth County Assistant District Attorney James Dunn’s request to admit evidence from an October 2002 incident that bears similarities to the events of the 2010 case.

 

Kenner had contended that a search warrant issued for his client’s arrest on burglary charges was based on insufficient evidence.

 

He also argued that methamphetamine found in Garmon’s fanny pack was the result of an illegal search conducted without probable cause.

 

In June, Garmon pleaded not guilty to one count each of aggravated assault, theft by receiving and possession of methamphetamine.

 

He also entered not guilty pleas to charges of possession of a firearm by a convicted felon and two counts of possession of a firearm during the commission of a felony.

 

The charges stem from an Oct. 21 incident at a residence off Keith Bridge Road in north Forsyth.

 

Authorities have said Garmon was shot by Forsyth County Sheriff’s Sgt. Scott Wilson after the suspect pointed a stolen shotgun at him and refused to obey commands to drop it.

 

Authorities were looking for Garmon in connection with a burglary.

In their effort to find him, Wilson and Sheriff’s Investigator Tom McCullagh had gone to the mobile home to speak with an acquaintance of the suspect.

 

When they arrived, Garmon reportedly ran out of the mobile home and over to a pickup, where he grabbed a shotgun.

 

Sheriff Ted Paxton has said Wilson yelled for Garmon to drop the gun and then drew his own weapon.

 

Authorities later determined the gun had been reported stolen in Cherokee County.