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Suspect charged with aggravated assault in Cd'A shooting

by Ralph Bartholdt Staff Writer
| July 9, 2019 1:00 AM

A 33-year-old Coeur d’Alene man who was arrested by a police SWAT team Sunday afternoon near midtown is in the Kootenai County jail in lieu of $100,000 bail.

David Stakes allegedly shot at a man at close range with a 9mm pistol around 4 p.m. in an apartment at 502 N. Fourth St., and he may have fired another round as the man fled the apartment.

Stakes, who goes by “Nacho,” is charged with aggravated assault with a deadly weapon, which carries a maximum penalty of 15 years in prison.

Police said Stakes lives at the apartment with a woman and that he shot at the woman’s boyfriend, who was lying on a bed in the apartment. Stakes allegedly told the man, “Stop doing this to me,” police reports state.

A SWAT unit responded to the scene and Stakes was arrested around 6 p.m.

A robot equipped with a camera was deployed into the apartment by the SWAT team and helped determine the shooter’s whereabouts and the apartment’s layout.

The victim, a 29-year-old Post Falls man, told police he was lying on his girlfriend’s bed while his girlfriend was at work. Stakes entered the room with a Kel Tech handgun and fired one round at the alleged victim, missing the man.

“The gun must have jammed or something because he started racking the slide, ejecting rounds all over the floor,” according to a witness report.

Stakes had purchased the firearm several months ago with several boxes of shells. The cartridges were old and oxidized, the victim said.

After firing one shot at the alleged victim, Stakes held the firearm to his head and said, “I’m sick and tired of this. I’m gonna do this right now,” according to a report.

After firing the 9mm at the victim, “there was white debris on the bed … not sure if the material was drywall or material from the bed.”

After the victim ran from the apartment, he heard another shot inside, according to police.

Prosecutors at Stakes’ first court appearance Monday asked for a $50,000 bail but Magistrate James Stow doubled the amount after defense attorneys said they had concerns about Stakes’ mental health.

A preliminary hearing will be set within 14 days if Stakes remains in jail, or 21 days if he posts bail.