HAVRE, Mont. (NMB) – Hill County District Court Judge Kaydee Snipes-Ruiz has granted the motion from the County Attorney’s Office to formally file charges against 23-year-old Xavier Clark based on allegations that his actions caused the shooting death of 21-year-old Dyllan Murray in a Havre residence early Sunday morning.
Clark is facing one count of negligent homicide with a dangerous weapon and two counts of assault with a weapon.
Bail has been set at $250,000, and Clark has had a public defender appointed on his behalf. His arraignment is scheduled for the morning of November 1st.
The affidavit alleges that Clark told law enforcement that he had been pointing an AR-15 rifle at the door of the residence when he noticed someone was entering. When he realized it was Murray, he placed the rifle on the floor of the residence, with the barrel pointing upwards. The affidavit says Clark told law enforcement that he “hit the butt of the barrel down on the ground harder than he should have and the rifle went off,” striking and killing Murray.
Clark agreed to speak with law enforcement without an attorney present.
Law enforcement observed Murray deceased in the living room and an AR-15 rifle on a couch several feet away. One spent rifle shell casing was also located at the scene.
According to the affidavit, Clark “freaked out” after the incident and had been pacing around outside until officers arrived.
Law enforcement detected “a strong odor of alcoholic beverages” on Clark’s breath.
During follow up interviews, two other individuals who were in the residence told law enforcement that Clark had pointed the same rifle directly at them. At one point, Clark pulled the trigger while it was pointed at one of them, but the rifle did not discharge.
Clark remains in the Hill County Detention Center.
This story has been updated