This story has been correct from its original version.

A Toledo, Wash., man pleaded innocent Thursday to felony charges of attempted strangulation, two counts of aggravated assault with the possibility of an extended sentence for the alleged use of a firearm at his arraignment in 2nd District Court.

A jury trial for Angelo K. Lopez, 23, formerly of Lewiston, was set for May 4 by 2nd District Judge Jay Gaskill.

The maximum penalty for attempted strangulation is 15 years in prison. The maximum penalty for aggravated assault is five years in prison and a $5,000 fine. The extended sentence for the use of a firearm carries up to an additional 15 years in prison, Gaskill said.

On Dec. 31, 2018, and Jan. 1, 2019, Lopez allegedly became upset because the alleged victim would not drink alcohol with him and he threatened to call the police on the alleged victim. Lopez allegedly said he would call the police to say there was a commotion going on in the apartment and that there were guns, court documents said.

Lopez allegedly called the police and told dispatch that “he would use his firearm if he had to,” court documents said. The alleged victim unloaded Lopez’s rifle and hid the bullets and rifle. Lewiston police responded to the call, but the alleged victim told officers “there was nothing wrong.”

After police left, Lopez allegedly confronted the alleged victim about calling police, but the alleged victim told Lopez he had called the police and showed him the call on his cellphone, court documents said.

Lopez then allegedly grabbed the alleged victim by the arm and dragged that person to the floor from the bed. While on top of the alleged victim, Lopez allegedly began choking the alleged victim while saying, “I’m going to kill you,” court documents said.

Lopez allegedly choked the alleged victim on and off for about 30 seconds at a time, saying “this is going to be slow,” court documents said.

The alleged victim got out from under Lopez, ran to the bathroom and attempted to lock the door, but Lopez allegedly got in before the door could be locked and began punching the alleged victim in the head. The alleged victim fought back, but Lopez reportedly got angrier and started hitting the alleged victim’s head off the toilet until he thought the person was unconscious, court documents said.

Lopez allegedly left and returned with his rifle and knocked the alleged victim to the floor, again saying he was going to kill the alleged victim. Lopez allegedly placed the barrel of the rifle to the left side of the alleged victim’s head and said, “I’m killing you,” and pulled the trigger, but the gun did not discharge, court documents said.

Lopez allegedly asked, “Why isn’t the gun going off, it was loaded earlier,” court documents said.

Lopez allegedly left the bathroom and the alleged victim went to lay down on the couch. Lopez then allegedly threw a glass plate, hitting the alleged victim in the cheek. Lopez then went to bed, court documents said.

The next morning, the alleged victim told Lopez about the incident with the rifle. Lopez allegedly denied he did anything, court documents said.

Lopez allegedly committed one of the counts of aggravated assault Oct. 16, 2018, when Lopez allegedly put the barrel of a loaded Remington model 700 30-06 to the alleged victim’s forehead. Lopez allegedly said, “I’m going to kill you,” while he was intoxicated, court documents said.

The alleged victim grabbed the barrel and Lopez allegedly jerked it out of the person’s hand, causing a cut that required stitches, court documents said. Lopez allegedly did not remember anything the next day, court documents said.

The alleged victim reported the incidents to police in April 2019 after the couple had broken up, court documents said.

Wells may be contacted at mwells@lmtribune.com or (208) 848-2275.

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