Idaho shooter sued by Moses Lake victim

COEUR d’ALENE — One of the Moses Lake victims from a shooting in downtown Coeur d’Alene is suing the suspected trigger man.

Brandon R. Burgess, the 25-year-old from Moses Lake, who was shot in the stomach following an altercation Dec. 27 on Sherman Avenue, is seeking payments for medical expenses, lost wages and pain and suffering, according to court papers filed in Idaho.

“There are a lot of costs and my client can’t pay them,” said Lloyd Herman, the Spokane-based attorney representing Burgess. “It’s already a substantial medical expense.”

Burgess underwent surgery to remove a bullet from his stomach at Harborview Medical Center in Seattle. He was upgraded to stable condition earlier this week, according to hospital staff.

Adam M. Johnson, 25, of Coeur d’Alene, is facing attempted murder and aggravated battery charges stemming from a confrontation in downtown Coeur d’Alene that also wounded a second Moses Lake man, Bradley J. Phillips, 25.

Phillips was treated and released from Kootenai Medical Center for a gunshot wound to his knee. Burgess was flown to Seattle, where staff said he is recovering.

“It looks like (Burgess) is stable and he’ll make it if nothing else happens,” said Herman.

The suit is separate from the criminal case.

Burgess is seeking financial relief from the damages he suffered and will continue to suffer as a result of the gunshot, court papers said.

It claims Burgess’ medical bill has already reached $10,000.

Herman said the bill could climb in excess of $100,000, and he was unsure if his client had medical insurance.

Herman said civil lawsuit holds Johnson accountable for the injury regardless of whether the wound was caused intentionally or accidentally.

“There seem to be two different stories out there right now,” Herman said of the confrontation. “But my client suffered as a direct result of the defendant Johnson’s actions.”

Johnson’s preliminary hearing for the criminal matter is scheduled for Friday.

According to police reports, Johnson told investigators he felt threatened when he opened fire on a group of men.

 “I didn’t feel that there was any other way out of it,” Johnson told police in court reports. “They attacked me.”

He called his defense, “defensive survival mode,” according to police reports.

But the victims and their friends told police Johnson pulled out the gun unprovoked when they saw him on the street around 12:45 a.m.

They recognized Johnson from an argument earlier that night at the Underground bar.

Witness Skyyler Grant told detectives after Johnson pulled out his gun and began yelling at the group of friends, Grant and Seth Gerber came up behind Johnson and tackled him in an attempt to disarm him.

Grant told detectives Johnson fired the weapon when he was on the ground.