{"id":36588,"date":"2022-12-24T16:21:32","date_gmt":"2022-12-24T23:21:32","guid":{"rendered":"https:\/\/www.durangoherald.com\/tj\/would-be-bb-gun-bandit-behind-bars-despite-charges-being-dismissed\/"},"modified":"2026-03-31T02:32:08","modified_gmt":"2026-03-31T08:32:08","slug":"would-be-bb-gun-bandit-behind-bars-despite-charges-being-dismissed","status":"publish","type":"post","link":"https:\/\/www.durangoherald.com\/tj\/would-be-bb-gun-bandit-behind-bars-despite-charges-being-dismissed\/","title":{"rendered":"Would-be BB gun bandit behind bars despite charges being dismissed"},"content":{"rendered":"\n<p><figure class=\"wp-block-image naviga-inline-image\"><img decoding=\"async\" src=\"https:\/\/imengine.public.prod.dur.navigacloud.com\/?uuid=deabb3a8-ca0c-5cf5-bbe7-9f88370af6e8&amp;function=cover&amp;type=preview&amp;source=false&amp;width=2000\" width=\"1300\" height=\"982\" alt=\"The Durango Police Department arrests Matthew Kiesel, 30, on Tuesday after officers found a weapon in his backpack that matched the description of a weapon showed to employees at Home Depot. (Jerry McBride\/Durango Herald)\" class=\"naviga-image\" loading=\"lazy\"><figcaption><span class=\"caption\">The Durango Police Department arrests Matthew Kiesel, 30, on Tuesday after officers found a weapon in his backpack that matched the description of a weapon showed to employees at Home Depot. (Jerry McBride\/Durango Herald)<\/span><span class=\"credit\">cca<\/span><\/figcaption><\/figure>\n<\/p><p>The wheels of justice finally caught up with Matthew Kiesel, 31, who made headlines in April for flashing a gun at Home Depot when employees confronted him about shoplifting.<\/p>\n<p>The gun turned out to be a sawed-off BB gun, but initial reports indicated a robbery suspect with a sawed-off shotgun, according to the Durango Police Department. Kiesel never pointed the weapon or threatened anyone directly during the incident, which occurred April 26. He left the Home Depot and was arrested without incident shortly thereafter near Ska Fabrication, west of Home Depot.<\/p>\n<p><figure class=\"wp-block-image naviga-inline-image\"><img decoding=\"async\" src=\"https:\/\/imengine.public.prod.dur.navigacloud.com\/?uuid=0bdc880b-3cc7-50ec-80bc-f8d8398b012a&amp;function=cover&amp;type=preview&amp;source=false&amp;width=2000\" alt=\"Durango Police inspect the sawed-off BB gun taken from Matthew Kiesel after he was arrested for flashing the gun in Home Depot. The charges were dismissed after Kiesel was found guilty for a previous assault charge in court on Dec. 9 at the La Plata County Courthouse. (Jerry McBride\/Durango Herald)\" class=\"naviga-image\" loading=\"lazy\"><figcaption><span class=\"caption\">Durango Police inspect the sawed-off BB gun taken from Matthew Kiesel after he was arrested for flashing the gun in Home Depot. The charges were dismissed after Kiesel was found guilty for a previous assault charge in court on Dec. 9 at the La Plata County Courthouse. (Jerry McBride\/Durango Herald)<\/span><span class=\"credit\">Jerry McBride<\/span><\/figcaption><\/figure>\n<\/p><p>Kiesel had three outstanding warrants when he was arrested for the incident at Home Depot, including one for assaulting a man by hitting him in the head with a rock north of Rank Park on Feb. 13.<\/p>\n<p>A guilty plea to the assault charge in La Plata County District Court on Dec. 9 resulted in Kiesel receiving a five-year prison sentence, and the \u201cremaining counts\u201d against him being dismissed.<\/p>\n<p>The February assault near the park occurred when a man walking his dogs along the train tracks approached Kiesel, who was in the bushes changing out tires from a blue spray-painted bike to a red bike. The man confronted Kiesel, telling him he believed the blue bike was stolen and asked for Kiesel\u2019s name. The man claimed Kiesel responded \u201cNone of your (expletive) business\u201d and then threatened to beat him up.<\/p>\n<p>The confrontation escalated and Kiesel picked up a palm-sized rock and struck the man in the side of the head, knocking him to the ground. The man, who suffered a bloody head wound, called police and was taken to the hospital.<\/p>\n<p>Kiesel was spotted and stopped by police on the river trail near the fish hatchery but refused to give his name, and because he only \u201cpartially\u201d matched the description given to police by the victim, was allowed to continue along his way. Officers later showed the victim a photo from the officer\u2019s body camera of the man on the river trail. The victim confirmed it was the attacker.<\/p>\n<p>Another officer saw the picture and recognized that it was Kiesel, who police had dealt with in the past for bike theft.<\/p>\n<p>\u201cMr. Kiesel has persistently exhibited his willingness to victimize others,\u201d said Assistant District Attorney Sean Murray, who prosecuted the case. \u201cHis decision to strike a citizen in the head with a rock, because he was caught with a stolen bicycle, is the kind of conduct that prompts the District Attorney\u2019s office to argue for a prison sentence.\u201d<\/p>\n<p>The two other active warrants, in addition to the one for assault, were an \u201cobstruction and theft charge dated Jan. 19, 2022, and \u201ctheft and trespass\u201c at Walmart on March 31, 2022. Kiesel is a registered sex-offender from charges in La Plata County dating back to 2020.<\/p>\n<p><em id=\"emphasis-5422eb15a6a22e310dc8789c44a9d9d8\"><a href=\"mailto:gjaros@durangoherald.com\">gjaros@durangoherald.com<\/a><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Previous assault charge took precedent in sentencing man to five years in prison<\/p>\n","protected":false},"author":1,"featured_media":36589,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[],"tags":[28],"naviga_topic":[],"class_list":["post-36588","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","tag-headlines"],"acf":[],"author_name":"Website Administrator","_links":{"self":[{"href":"https:\/\/www.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/36588","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.durangoherald.com\/tj\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.durangoherald.com\/tj\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.durangoherald.com\/tj\/wp-json\/wp\/v2\/comments?post=36588"}],"version-history":[{"count":1,"href":"https:\/\/www.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/36588\/revisions"}],"predecessor-version":[{"id":83393,"href":"https:\/\/www.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/36588\/revisions\/83393"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.durangoherald.com\/tj\/wp-json\/wp\/v2\/media\/36589"}],"wp:attachment":[{"href":"https:\/\/www.durangoherald.com\/tj\/wp-json\/wp\/v2\/media?parent=36588"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.durangoherald.com\/tj\/wp-json\/wp\/v2\/categories?post=36588"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.durangoherald.com\/tj\/wp-json\/wp\/v2\/tags?post=36588"},{"taxonomy":"naviga_topic","embeddable":true,"href":"https:\/\/www.durangoherald.com\/tj\/wp-json\/wp\/v2\/naviga_topic?post=36588"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}