Differing accounts emerge following Holt killing

SANDPOINT - A Sagle man accused of gunning down a Bonner County man during a confrontation on Thanksgiving is being held on a half-million dollars bail.

James M. Anderson is charged with first-degree murder. Judge Debra Heise set Anderson's bail at $500,000 on Friday and appointed a public defender to represent him, court records show.

A preliminary hearing to determine if there's enough evidence to justify trying Anderson is set for later this month. Bonner County Prosecutor-elect Louis Marshall has not stated yet whether the state will seek the death penalty against Anderson.

The state alleges in charging papers that the shooting of Elvin "Eli" Joseph Holt late Thursday night was premeditated. But in Anderson's statements to investigators, the defendant suggests the shooting was accidental.

The violence began shortly after 11 p.m. at Anderson's home in the Travel America trailer park alongside U.S. Highway 95.

Additional details about the killing emerged on Friday, when sheriff's Detective Sgt. Howard Burke testified in support of probable cause for the murder charge.

Burke testified that Holt reportedly went to Anderson's home to confront him about a battery case in which Anderson was suspected of being involved in. Holt was accompanied by his half brother, whom Burke identified as Ian James Freir, 23. The pair had reportedly been drinking before arriving at Anderson's place.

Anderson told the detective he was at home with his wife and two small children when somebody began banging on his trailer door. Anderson initially stated he had no idea who the subjects were or what they wanted.

Anderson, 28, said he stepped outside to investigate, was dragged from his doorstep and pinned against a vehicle, Burke said. Anderson told the detective that threats were then made against his life and his family.

Anderson's wife, Jennifer, told Burke she exited the trailer and asked if police should be summoned, which appeared to break up the confrontation.

Anderson stated that Freir followed him into the trailer and a struggle ensued. Anderson said he displayed the firearm and Freir retreated outside, where Holt and Jennifer Anderson were arguing, Burke testified.

Anderson claimed Freir jumped on his back, Holt grabbed him by the shirt and he opened fire.

Holt, 30, was shot in the left eye with a .44-caliber magnum and died instantly, Burke said.

In his statement to Burke, Freir denied entering the home and said he was approaching Anderson to let him know they were leaving due to the prospect of police involvement. Freir told the detective he saw Anderson had armed himself and began trying to persuade Holt to leave with him.

Anderson, without saying a word, then shot Holt in the face, Freir said in his statement to investigators.

After Holt was killed, Anderson's wife, Jennifer, said her husband told her a knife had been drawn on him while he was pinned against the vehicle, although that detail was not part of her husband's original statement to Burke.

Also, the victim was found clutching a set of car keys, evidence which Burke said suggested that Holt was in the process of leaving, not engaging in an altercation with Anderson.

"There was just a lot of inconsistencies with this guy's story," Burke testified.

Burke said Anderson subsequently revised his statement and admitted knowing Holt and perhaps why he was there. After he and his family were allegedly threatened, Anderson said he obtained the pistol and cocked the hammer into firing position, Burke testified.

Anderson told the detective he readied the weapon because he thought he would be jumped once he re-emerged from the trailer.

"He said his intent was to stick the gun in this guy's face and tell him to get out," Burke told the court.

Anderson allegedly told Burke he forgot about activating the firing mechanism and the gun discharged.

"He said the gun going off surprised him. He said he didn't even see the guy fall. He said he was in shock," Burke testified.

Anderson was never charged in the misdemeanor battery case which reportedly brought Holt to his doorstep. However, Anderson was suspected of playing a role in the violent attack at Unicep Packaging on Oct. 1, according to Sandpoint Police reports.

The 29-year-old victim in that case told officers he was taking a cigarette break in his vehicle when somebody reached in and grabbed him by his throat. Patrick Keith Eroso Ziarnick then allegedly began punching him in the face.

Anderson is suspected of restraining the victim, who is apparently a close personal friend of Holt's.

The battery victim had dated Ziarnick's wife before they were married, a police report said. Ziarnick was living in Anderson's trailer at the time of the alleged assault and Ziarnick's wife is identified in court records as Anderson's sister-in-law.

Ziarnick, also 29, is scheduled to be tried on the battery charge early next year.