February hearing set for Breyfogle

Accused of shooting at Marshall residence

MARSHALL — A court case for a man who allegedly fired a gun at a Marshall residence in October is getting closer to a resolution, Lyon County District Court records said this week.

A plea hearing date was set for Daniel Nathan Breyfogle, 32, of Marshall, and a pre-sentencing investigation was ordered by the court.

Breyfogle appeared in court Tuesday, on charges of second degree assault, two counts of ineligible possession of a firearm, making violent threats, two counts of reckless discharge of a firearm, possession of stolen property, and fourth degree driving while impaired.

A criminal 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 stolen from Sioux Falls, S.D.

At Tuesday’s hearing, court records said, parties in Breyfogle’s case were close to an agreement.

The court waived an omnibus hearing for Breyfogle, and ordered both a pre-sentencing investigation and sentencing worksheets for ineligible possession of a firearm, reckless discharge of a firearm and possession of stolen property.

A plea hearing date was set for Feb. 27.