(11/02/2006)
Calhoun DNR officer John Apgar was a responder to a 911 call last week which resulted in a Roane County man being shot by State Police, after officers say the man pointed a gun during a stand-off.

The Department of Natural Resources reportedly took Apgar off-duty in Calhoun several weeks ago after he shot Billy Ray Hardway of Daniel's Run. He was sent to Roane County.

Apgar was attempting to serve a warrant on Hardway.

The conditions of Apgar's transfer to Roane following the shooting were not made public.

Last week was Apgar's second incident within the last 60 days involving a shooting incident, both related to serving warrants on a felon in possession of a firearm.

Apgar and two Roane County deputies answered the initial call to the Linda Miller residence on Arnoldsburg Road last Thursday, when Miller's son Brian Keith Batten, 33, was reportedly attempting to take his mother's vehicle.

Spencer Newspapers reported that Apgar obtained an arrest warrant for Batten for a felon in possession of a firearm, which State Police was trying to serve when the shooting took place.

Apgar said Batten had told police he would not leave the area above his mother's home and that "if any officers came on the hill to get him he would shoot them."

Batten had fired two shots near his mother's residence before State Police went into the woods with the warrant.

In the Calhoun incident, Apgar reportedly told Cpl. Doug Starcher that Hardway was hiding behind a door and attemped to reach for a knife when he shot him.

Apgar reportedly called 911 requesting an ambulance, but did not initially reveal it involved a gunshot victim.

The DNR officer had previously answered a call to the Hardway residence after neighbors said Hardway had a weapon during a dispute with neighboorhood boys.

Apgar reportedly answered the 911 call because other law enforcement officers were not available.

Wanton endanagement charges were filed against Hardway following that incident, but were apparently dropped.

The results of an internal investigation regarding the matter have not been made public.

Hardway, who recovered and is currently in Central Regional Jail, is scheduled to enter a plea on November 6th in Calhoun magistrate court for assaulting an officer (Apgar).

DNR officers have the same legal authority as State Police officers.


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