The prosecution had originally asserted that Geers broke into the residence while armed with a gun, physically assaulted the other man, terrorized the man and woman, and fired a gun inside the residence. Ward County Deputy State Attorney Todd Schwarz told Judge Richard Hagar that further investigation turned up additional facts. There was an agreement in force allowing Geers to go to the residence to take the dog that weekend but he did not have the right to confront the man and woman in the manner that he did.
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