Landlord arrested for eviction after shooting during verbal argument

According to court documents, police responded to a reported shooting in Altona last Friday night. Officers spoke with property owner Keith Marsham, who said he had an ongoing dispute with a person living on the property and was behind on rent for five months.

The man was not an official tenant but was reportedly living in the property after his father, the original leaseholder, left the island. The father had reportedly asked for his son to be allowed to stay in the house until August 19, a request to which Mr Marsham agreed.

That day came and went, Mr. Marsham said. After several attempts to contact his tenant, who now lives abroad, on August 23 he decided to change the locks on the house. That evening the son made contact. They arranged to meet and Mr. Marsham informed him that he expected the man to clean the property and remove all rubbish before leaving. His tenant's son reportedly took offense to this instruction and a verbal altercation ensued.

Mr. Marsham told police the man and two people accompanying him refused to leave the property, after which he called 911 out of concern for his safety. The three men began to surround him, he said, and made him feel threatened. Mr. Marsham said he went outside, but his tenant's son began to kill him because he was not allowed to pick up his belongings. He told police he fired about two shots from his gun as the three men ran toward him, and they retreated to wait for police.

Officers spoke with the man who had lived in the house. He told them he had told Mr. Marsham it was too late to clean the house, which led to the verbal altercation. Before the shooting, he and his father's landlord had reportedly been having a competition. He said he was at the end of the driveway when he challenged Mr. Marsham and said the landlord would not do anything. In return, Mr. Marsham reportedly told him to step back into the yard.

The man said he took his former landlord's dare and walked towards him while shouting in Mr Marsham's face. The property owner is said to have stepped back, pulled out his gun and fired a shot in both directions.

The tenant said he didn't realize he had been shot until he felt a cold, burning sensation in his right arm and again retreated to the end of the driveway to wait for police. His story was largely corroborated by one of the people who came to the property with him.

Mr. Marsham was arrested and charged with third degree assault and reckless endangerment. He was remanded in custody awaiting his rights hearing.

In court on Wednesday, Judge Simone VanHolten-Turnbull found that there was only probable cause, not a charge of reckless endangerment. She released Mr. Marsham on bail, which was set at $25,000 unsecured bond, and ordered him to report to the parole board by phone twice a week. While the case is pending, he is prohibited from possessing firearms, ammunition or dangerous weapons and must also stay at least 20 feet away from others involved in the incident.

His next court date is scheduled for September 20.