Accused of blasting a woman who drove through their campsite with bear spray and firing a 9 mm pistol toward her car in the Bridger Teton National Forest, a South Dakota couple now faces up to 10 years in prison.
The victim had just driven through the coupleâs campsite near Pacific Creek looking for her hat, court documents say.
The aggravated assault cases of Ben and Shannon Dewitt rose Friday to the felony-level Teton County District Court.
Ben Dewitt also faces one count of false imprisonment, which is punishable by one year in jail and $1,000 in fines. The aggravated assault charge each of the Dewitts face is punishable by up to 10 years in prison and $10,000 in fines.
The charges stem from a June 24 incident. A 43-year-old woman called Teton County dispatch at about 2 p.m. that day to say a man was trying to shoot her and her children with a gun, according to an evidentiary affidavit filed in the case.
The man was driving a large dually pickup with a blonde female, and both appeared to be in their 50s, the victim said, reportedly.
The woman, later identified as Shannon Dewitt, allegedly blasted the victim with bear spray through the open window of the womanâs Audi SUV, while the man, Ben Dewitt, shot a gun toward the victim and her two children, says the document.
Burns Your Whole Face
Teton County Deputy Joseph McGrath arrived on scene along with other agents, and he interviewed the victim just north of the Moran Ranger station. He found her rinsing her face with a bag of saline solution a park ranger had given her. When the bag ran out, she poured bottled water onto her face, the affidavit says.
The bear spray reportedly lingered on her car door.
âMan, that stuff really burns your whole face,â the victim said, according to the document.
Teton County Sheriffâs Cpl. Erik Elizondo agreed, writing in the affidavit that the bear deterrent contained 2% capsaicin content, more than twice the percentage in law enforcement capsicum spray, which contains 0.7% of the toxic substance.
âItâs not meant to be used on humans,â Elizondo wrote.
The affidavit says the victim told McGrath that sheâd gone searching for her hat, which she lost horseback riding that day. She drove her vehicle with her two children in the back seat, while her husband walked alongside on foot, she added.
A park attendant verified that the victim had lost her hat while horseback riding, the affidavit says.
Then He Pulled Up
The affidavit says the Dewitts received a notification via their remote camera alerting them that the woman had driven through their camping spot.
With Shannon Dewitt in the passenger seat, Ben Dewitt drove his 2019 Ford F-350 up to the victimâs Audi, and he allegedly parked in front of her, blocking her in, then hopped out of his truck and approached in what the victim described as a âmenacingâ manner: grimacing and walking quickly.
The victim explained she was looking for her hat.
âBullshit, we have you on video,â Ben Dewitt reportedly answered.
The victim noticed a handgun in a holster on the manâs hip and she feared for her safety and her childrenâs safety, the affidavit says. She tried to drive her vehicle off the road and get around his truck.
Ben Dewitt banged on her window, but did not damage it, the document says.
He allegedly unholstered his handgun and fired two rounds into the ground.
The affidavit says Shannon deployed the can of bear spray, blasting the victim through the open window.
Found âEm
Ben Dewitt fired three more rounds from his handgun, the affidavit says.
Investigators have reported finding five bullet casings near the turnoff to the camping sites.
The victim drove toward the park entrance and stopped to tell a bystander what had happened, but she noticed Ben Dewittâs truck charging her and she sped away, says the document. The truck pursued for about a mile before turning around, she told investigators.
She wasnât sure at that time if sheâd actually been shot at or if the truck had crashed into her car, creating the bangs, the affidavit says.
One of her children told a park ranger that she put a pillow over her head during the incident so a bullet wouldnât hit her, reportedly.
So She Wouldnât Run My Wife Over
Ben Dewitt told investigators he fired rounds into the ground during the incident because he was afraid the victim was going to run over his wife, says the affidavit.
Both Dewitts were arrested, but both are now out on bond, their court file indicates.
Clair McFarland can be reached at clair@cowboystatedaily.com.