Powell man charged with alleged spring assault

Was arrested last week after months at large

Posted 10/8/24

A 25-year-old Powell man is facing a felony charge in connection with allegations that he severely beat another young man last spring.

The incident occurred in March and authorities began …

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Powell man charged with alleged spring assault

Was arrested last week after months at large

Posted

A 25-year-old Powell man is facing a felony charge in connection with allegations that he severely beat another young man last spring.

The incident occurred in March and authorities began seeking Garret Henderson’s arrest in April. However, Henderson remained at large until last week, when he decided to turn himself in.

He remained in jail on Monday, with bail set at a combined total of $35,000 cash.

At a hearing last week, Deputy Park County Prosecuting Attorney Laura Newton said the alleged victim was “terribly hurt” in the spring altercation — including suffering a broken bone around his right eye.

    

The incident

Charging documents say the incident occurred at a Cody residence in the early morning hours of March 10.

A group of young people were staying at the home that night. Cody Police Officer Garret Rothleutner said he later spoke with three of those who were present. They relayed that while hanging out in the living room, the alleged victim had touched/choked a young woman — which prompted Henderson to attack the alleged victim, Rothleutner summarized in an affidavit.

The young woman then went and awoke others in the home “to try and stop Garret Henderson from assaulting [the alleged victim] further,” Rothleutner wrote.

By the time the others made it to the living room, the assault had stopped, the affidavit says, but when the young man got into Henderson’s face, he allegedly began punching the man again.

The young man was later driven back to his mother’s residence, and she contacted police that afternoon. The alleged victim apparently told a somewhat different story. He relayed that he was hanging out on the couch when he was punched in the back of the head and then repeatedly assaulted “by multiple males,” Rothleutner wrote.

At the time of the interview, the young man’s right eye was reportedly swollen shut, his forehead bruised and mouth swollen to the point that he had trouble speaking.

Rothleutner’s affidavit indicates that he recommended a misdemeanor charge of battery, but after learning of the break to the young man’s orbital wall, Newton filed the felony charge of aggravated assault and battery on April 5. The charge alleges that Henderson “did cause serious bodily injury to another intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life.”

    

Months at large

Charging documents don’t indicate whether Cody police attempted to interview Henderson before charges were filed. Authorities wound up spending months looking for him, with the Park County Sheriff’s Office listing him as their “Most Wanted” suspect.

During a court hearing last week, Henderson indicated he moved to St. Louis about six months ago, which would be roughly around the time of the altercation. Court records also indicate he became aware of the case within weeks of its filing, as he retained a defense attorney on April 24.

Newton said she was in contact with Henderson’s then-attorney at Cowboy Country Defense about the warrant, and that Henderson had ignored advice to turn himself in back in June.

“He’s been hiding for months, even though he knew that there was a warrant,” Newton charged in court.

She also noted that at the time of the altercation, Henderson was on probation for stealing a car and fleeing from police in 2023. The prosecutor also noted that Henderson eluded authorities for weeks in that earlier case, too.

Newton recommended a $50,000 cash only bond on the new charge in Park County Circuit Court, while Henderson’s current attorney, Jeremy Hugus of Casper, suggested $25,000 cash or surety would be appropriate.

Hugus said he understood the state’s position regarding some of Henderson’s history, “but ultimately, he’s here today,” the attorney said.

That Henderson turned himself in and retained counsel indicates “that not only does he intend to move forward and handle this the appropriate way, the right way, but he’s taken active steps to do that,” Hugus said.

At a separate appearance in Park County District Court, Henderson said he flew back to Cody after attempts to work out an agreement with prosecutions about bond were unsuccessful; he said he then checked into the Park County Detention Center “as soon as I could.”

Park County Circuit Court Magistrate Brianne Phillips set bail at $25,000 cash on the new felony charge while Park County District Court Judge Bill Simpson tacked on another $10,000 cash for an alleged probation violation.

    

A stolen vehicle

The probation stems from a June 2023 incident, in which Henderson stole a 1998 Buick sedan from Washington Park while the owner wasn’t looking. He led the Park County Sheriff’s Office on a chase before abandoning the smoking vehicle at a residence on Lane 9, court records say; a deputy wrote that Henderson threatened to beat up the residents if they called police before catching a ride with someone else.

Henderson was at large for roughly two months and ultimately took a plea deal that December. He pleaded guilty to a misdemeanor count of theft (as the vehicle was worth less than $1,000) in district court and to misdemeanor counts of reckless driving and fleeing police in circuit court. Henderson was credited for the nine days he’d served in jail and placed on six months of unsupervised probation.

At his sentencing in district court, Henderson said he’d “made a big mistake and I’m willing to take the consequences.”

Judge Simpson called the plea deal “a real gift” — warning that Henderson likely wouldn’t be as fortunate if he committed a similar crime in the future.

“We all want you to succeed, but you’ve got to help us out here,” Simpson said. “Don’t come back here in six months and make fools out of all of us, including yourself, by violating the terms of your probation, OK?”

“Yes, your honor,” Henderson agreed.

Prosecutors’ petition to revoke Henderson’s probation came about four months into the six-month sentence.

A preliminary hearing on the aggravated assault charge has been tentatively set for Thursday while the pending petitions to revoke his probation are on hold until the new case is resolved.

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