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Camper cleared in shooting of ATV driver

09:22 PM PST on Monday, November 20, 2006

Associated Press

BAKER CITY, Ore. -- An Idaho man acted in self-defense when he shot a man who was headed toward him in an all-terrain vehicle, a Baker County grand jury decided.

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Marvin Sauer, 52, of Boise shot Everett Durst, 38, of Vancouver, Wash., in the left leg following a Labor Day dispute near Phillips Reservoir.

The incident started when Sauer and his wife arrived to camp in an area where Durst and his party were riding. The sides had a disagreement and Durst later drove a quad runner to Sauer's campsite.

Durst began spinning the vehicle in circles, stirring up dust and throwing rocks on Sauer's wife, said Matt Shirtcliff, the Baker County district attorney. Shirtcliff said Sauer fired a warning a shot into the air. Durst stopped spinning the vehicle in circles and started driving in Sauer's direction.

"Once Mr. Durst drove the quad runner straight at Mr. Sauer, Sauer was entitled at that point to fire his gun at Mr. Durst to defend himself," Shirtcliff said.

Durst's thighbone was damaged in the shooting, and a metal rod was inserted in his leg, Shirtcliff said.

The grand jury deliberated for seven hours before clearing Sauer on Friday.

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