On Sunday afternoon, June 28th, Officers of the Eureka Police Department responded to a reported vandalism to a vehicle call at 2:30pm according to a Eureka Police Department.
As dispatch was speaking to the Reporting Party, a disturbance could be heard in the background during the Reporting Party call. During the call it seemed that the Reporting Party was in an argument with additional subjects before “there’s a gun” could be heard in the shouting. Additional Officers were then dispatched to the call.
Upon arrival, officers located the Reporting Party and a male subject later identified as 52 year old Sean Thomas Avery, in a physical fight inside the suspect’s apartment. Officers forced entry into the apartment and both males were detained.
During an interview of the Reporting Party it was learned that while on the phone with dispatch, the Reporting Party attempted to exit his apartment and was confronted by Avery. Avery had a handgun in his hand and started a fight with the Reporting Party. Avery grabbed the Reporting Party and pushed him back into the Reporting Party’s apartment.
A fight then ensued inside the apartment and at one-point Avery removed the Reporting Party’s cellphone, which was still connected to Eureka Police dispatch, prohibiting the Reporting Party from requesting help from police as the Reporting Party and Avery continued to struggle.
During the altercation, the gun which Avery still had in his possession went off, firing a round into the floor next to the Reporting Party head. The Reporting Party broke free from Avery and attempted to flee out the front door of his residence. Avery grabbed the Reporting Party and dragged him back into the apartment.
Avery continued his assault on the Reporting Party, while still in possession of the handgun. The Reporting Party was able to wrestle the handgun away from Avery. Avery grabbed a hold of the Reporting Party’s neck and put him in a “choke hold.” Both subjects continued struggling on the ground until police arrived.
Detectives were summoned to the scene and a search warrant for Avery’s apartment was authored. As a result of the search warrant service a ballistic vest, an additional disassembled revolver, ammunition, and the gun case and manual to the handgun used during the assault were located. It was later determined that the vandalism damage to the Reporting Party’s vehicle was consistent with a bullet impact.
52 year old Sean Thomas Avery was later booked into the Humboldt County Correctional Facility on charges of assault with a deadly weapon, felon in possession of a firearm, kidnapping, felon in possession of body armor, negligent discharge of a firearm, obstruct use of device to summon emergency assistance, and assault and battery.
Avery is being held on $75,000 bail.
