Hearing postponed for man charged in gun incident

MARSHALL — A court hearing for a rural Marshall man charged with firing a gun in the presence of people on West Main Street in October was rescheduled after being assigned to a different judge, Lyon County court records said.

A hearing for Daniel Nathan Breyfogle, 31, was postponed until Nov. 21. Court records said Breyfogle’s attorney filed a request for a different judge on Nov. 1.

The case was reassigned to Lyon County District Court Judge Michelle Dietrich.

Breyfogle is charged with second degree assault, making threats of violence, possession of stolen property, fourth degree driving while impaired, two counts of ineligible possession of a firearm, and two counts of reckless discharge of a firearm. A complaint alleges Breyfogle tried to stab a person at a house party on West Main Street the night of Oct. 29, and then later returned and fired a revolver in the presence of people at the residence.

Marshall Police reported that people at the residence were able to get the gun away from Breyfogle and physically subdue him before law enforcement arrived. Police also said the gun was later found to have been one stolen from Sioux Falls.

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