A man faces 13 felonies — including three counts of suspected attempted first-degree murder — after police say he shot at a father driving a Jeep through a Johnstown neighborhood with his two children last month.
Charles Vivion, 67, also faces nine counts of suspected felony menacing for threatening a group with the gun after the March 30 shooting, according to an affidavit for his arrest. The last felony charge is for suspicion of illegal discharge of a firearm.
Just after 6:30 p.m. March 30, Johnstown police were dispatched to the 2100 block of Black Duck Avenue on a report of a disturbance with weapons.
The reporting party told police her husband had just been shot at by a man wearing an orange t-shirt, blue pants and a red hat. A witness on scene told police the man who fired the shot had gone into a house that had a brown truck in the driveway.
Officers identified the truck and set up a perimeter around the house, according to the affidavit, and the man — identified as Vivion — came out on his own wearing an orange t-shirt, blue pants and a red hat.
Police say they searched Vivion and found a single .45 live round in his pocket. Police say they could smell alcohol on his breath while speaking with him.
Police contacted the victim, who said he had just gotten his 1982 Jeep running and was giving his two kids a ride on Black Duck Avenue. He said he saw Vivion standing outside with a handgun, yelling at him, according to the affidavit.
Vivion then pointed the gun at the Jeep, and when the victim went to make a U-turn, fired the gun at him and his children, he told police. The victim told police he then sped back home — about five houses east.
After the shooting, Vivion approached the victim’s house — gun still in hand — yelling at the victim and his children, police say. There were nine people in the front yard when Vivion walked over to the house, according to the affidavit.
Witnesses believe Vivion only left the yard and returned home after he saw someone calling 911.
Police noticed the right rear tire of the Jeep was flat, and saw a defect consistent with a bullet hole, according to the affidavit. The victim gave police consent to cut the tire and look inside, and police say they found the slug inside the tire.
Vivion chose not to speak to police about the incident, requesting to speak to a lawyer. When they described the incident to him, police say he responded, “You mean when I shot in the air?” according to the affidavit.
Witnesses in the area said they overheard the victim driving his Jeep up and down the road, and that the exhaust was louder than normal. The victim also admitted the exhaust on his Jeep was louder than average.
Vivion was taken to the Weld County Jail without incident. He has an appearance on bond June 28 at Weld District Court.
