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Court papers show details of brothers' assault case.

Byline: Karen McCowan The Register-Guard

Two brothers accused of shooting a man in a Springfield home July 10 were reportedly upset at the man because they believed he had assaulted a 12-year-old boy at the Dorris Ranch area home shortly before the 4:15 a.m. shooting, newly public court documents show.

Nickolas Andrew Friend, 20, and David Robert Friend Jr., 25, are facing charges of attempted murder, assault with a firearm, burglary and assault in connection with the incident.

Nickolas Friend, who lived with his brother in the same neighborhood, turned himself in to police a week after the shooting. He has pleaded not guilty to all the charges and is in Lane County Jail awaiting trial.

David Friend fled the area and now also faces federal charges of unlawful flight to avoid prosecution in connection with the case.

The brothers allegedly broke a window to enter the Harbor Drive home, where they beat the victim with what a witness described as "metal bicycle posts," according to a police officer's sworn statement to obtain a warrant to collect a DNA sample from Nickolas Friend. The brothers left but soon returned, according to Lane County Sheriff's deputy Stephen Simons' affidavit.

This time, David Friend had a handgun and the witness saw him fire it once through the broken window, the affidavit said.

A bullet entered the 30-year-old victim's arm and traveled to his chest. He was initially listed in critical condition, but was released from a local hospital after treatment.

The witness, who lived in the home, said the 30-year-old intervened when her 12-year-old son physically attacked her during a dispute over the boy allegedly coming home drunk, the affidavit said.

The boy told police that he had been drinking at the Friends' residence before the confrontation with his mother, according to the affidavit. It said the boy returned to the Friends' nearby Inland Way home, where he asked the brothers to "beat up" the 30-year-old, telling them the man had assaulted him.

David Friend is described as a heavily tattooed, 200-pound white man. He is 5 feet 9 inches tall with blond hair and blue eyes. He reportedly uses the nickname "DJ."

A relative told investigators that he might have fled Oregon for the Riverside, Calif., area, where he reportedly has gang ties, according to an FBI agent's sworn statement to obtain the federal arrest warrant. David Friend also has relatives in Oklahoma and may have fled there, according to the agent's affidavit.

The agency warned that anyone spotting Friend should call 911 rather than approach him, as he may be armed and dangerous. It also asks anyone with information about Friend's location to call the Lane County Sheriff's Office at 541-682-4141; the FBI in Eugene at 541-343-5222 during normal business hours; or the FBI's 24-hour number in Portland at 503-224-4181.
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Title Annotation:Courts
Publication:The Register-Guard (Eugene, OR)
Date:Sep 18, 2011
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