HARDWAY UNDER GUARD AT CHARLESTON HOSPITAL

(08/22/2006)
Billy Ray Hardway, 45, of Daniel's Run, is at Charleston Area Medical Center "under guard," according to Hoy Murphy, Public Information Officer of the West Virginia Department of Natural Resources.

Hardway was shot in the shoulder Monday evening by DNR officer John Apgar, after Apgar and DNR officer Samuel Goins went to the Ramona Price residence near Millstone Hill to serve Hardway warrants from an incident on August 13.

A report on his medical condition was not available from CAMC, but reports indicate his injuries are not life-threatening.

Hardway reportedly resisted arrest, but details of what happened is yet to be released.

Murphy said a number of DNR officers are investigating the shooting, in addition to law enforcement in Calhoun County. "Apgar was 'sent home' after the shooting," he said.

Hardway was being charged with three counts of wanton endangerment with a firearm and one count of a felon possessing a firearm related to the earlier incident.

Nine days ago, Officer Apgar responded to a 911 call for assistance to "a fight in progress, possibly involving a firearm" at the Ramona Price residence.

Hardway claimed "boys yelled at him for shooting some snakes," said the report.

Apgar said Hardway was illegally and feloniously possessing a firearm, pointing a 410 shotgun at Cris Kilbarger, Nathan Simmons and Bret Kilbarger, verbally "threatening to kill" the three youths.

Tina Burrows, mother of two of the youths, told Apgar that Hardway said "I'm going to kill them (the youths). They're lucky to be alive. I haven't killed them yet," saying "Their lives are in my control."

Chris Kilbarger said Hardway "Pointed the gun directly at him, while keeping his finger on the trigger."

Another youth said he feared for his safety.

Hardway has three outstanding felony warrants issued in Long Beach, California and had served prison time in 1982 for unlawful assault, among other charges for larceny in Roane County.

Authorities are continuing to investigate the incident.

DNR officers have full police powers and are often called upon to serve warrants or assist State Police and local police.

Apgar had responded to the earlier incident because he was an available officer.