A man charged with involvement in a shooting incident in January last year in which a 32-year-old male was killed appeared in Baxter County Circuit Court/Criminal Division Monday (March 2).
Fifty-eight-year-old Danny Paul Whitsel and his wife, 40-year-old Crystal Marie Whitsel, both of Gassville, earlier entered not guilty pleas to charges filed against them.
On Monday, it was announced that Whitsel was rejecting a plea offer made by the state and wants a trial instead. His trial is now set for June 29.
Danny Paul Whitsel is charged with first degree murder, a Class Y felony, and his wife with aggravated assault, first degree terroristic threatening and third- degree-battery.
Danny Paul Whitsel’s bond is set at $250,000 and the bond for his wife at $25,000.
Whitsel is an inmate in the Baxter County Detention Center and his wife is free on bond. Justin Downum represents Danny Whitsel.
The shooting took place January 20 last year along Mountain Loop in Gassville. According to the probable cause affidavit, the incident began when Crystal Whitsel went to a neighbor’s house where she said she encountered Ian Lapio.
Crystal Whitsel said that Lapio, who was visiting a friend in the neighborhood, was “growling” at the dog she had with her. She told investigators she had argued with Lapio and warned him the dog might bite.
The argument continued and Whitsel said she struck Lapio with her hand and Lapio pushed her down.
Whitsel said she returned to her residence, got a firearm, loaded it and went outside and threatened to shoot Lapio if he came onto her property.
The probable cause affidavit notes that Lapio had not gone onto the Whitsel’s property at any time during the confrontations.
Witnesses also said Lapio had not pushed Crystal Whitsel down, but that she reportedly tripped while trying to strike Lapio.
Danny Whitsel got into an argument with Lapio over the confrontation with his wife. As the argument continued Danny Whitsel “brandished his pistol” and struck Lapio in the face with the weapon.
Whitsel claimed that Lapio had approached him in “an aggressive manner acting as if he wanted to fight” and Whitsel claimed he shot in self-defense.
Witnesses who told investigators they had seen the entire confrontation contradicted Whitsel’s story. They said Whitsel had confronted Lapio, hit him in the face with the pistol and then shot him — all in quick succession.
Lapio is reported to have fallen to the ground and Whitsel is said to have moved closer to the victim and fired multiple rounds at Lapio while he was down on the ground.
Investigators reported collecting six 9-millimeter shell casings in the area.
Gassville police received assistance from the Arkansas State Police in investigating the shooting.
In the concluding paragraph of the probable cause affidavit, the investigators wrote that Lapio “was lawfully in the area visiting a friend” and that Danny Whitsel confronted him. Whitsel is reported to have struck Lapio in the face with a pistol.
The report says Lapio never struck Whitsel.
Lapio was taken to Baxter Health where he succumbed to his injuries.
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