Two brothers accused of five felony charges related to a standoff with police pleaded not guilty after a preliminary hearing in which one of the alleged victims denied being held against her will.
Christopher Rainbow, 22, and Jordan Rainbow, 20, both pleaded not guilty to one count of terrorizing and four counts of felonious restraint, all Class C felonies.
Bismarck Police Officer Mike Bolme testified that he and another officer responded to a south Bismarck gas station at around 3 p.m. on Nov. 15 for an assault report. A man with large amounts of blood on his clothes, apparently from his nose, told officers he had been assaulted by Christopher and Jordan Rainbow while drinking with them at an apartment at 2100 S. 12th St.
The man also told officers Christopher Rainbow had a warrant from the U.S. Marshals out for his arrest. Bolme said officers subsequently learned Jordan Rainbow also had an active warrant out of Bismarck Municipal Court.
Bolme and other officers went to the apartment, where they found a blood trail leading to the apartment where Christopher Rainbow's girlfriend, Kristen Finley, lived. They heard noise and a woman telling "Chris" to be quiet.
Finley later testified she thought someone was coming to repossess her furniture, because she had missed a payment on it.
Bolme said officers knocked and announced themselves for at least half an hour before an apartment manager arrived with a key. They again announced themselves, then entered the apartment. They heard the bathroom door shut, and no one was in any other room in the apartment, Bolme said. He said they heard a woman ask to be let go and a man's voice responding that no one was leaving.
The officers called in the West Dakota SWAT team after hearing two men make threats about having guns, specifically a shotgun, Bolme said.
"At different times, both of the voices had made comments like that," Bolme said. "They were on the same page."
Eventually, after several hours, officers broke through the door, tased Christopher and Jordan Rainbow, and pulled out the three women and a 3-year-old girl inside the bathroom, Bolme said.
He said officers had no reason to believe the men did not have guns until fairly late in the standoff when the SWAT team brought in cameras to see inside the bathroom.
Finley, testifying for the defense, was questioned by Steve Balaban, Christopher Rainbow's appointed defense attorney, and Kent Morrow, Jordan Rainbow's appointed defense attorney. She said it was her idea for everyone to go into her bedroom when police began knocking on the door. She didn't remember whose idea it was to go into the bathroom, but she said the other two women and she went in there willingly. One woman continued drinking whiskey while they were in the bathroom, Finley said.
She also said the men were not making threats about having a shotgun and police misunderstood what they were saying. Finley claimed the red beam from a police Taser was pointed toward the forehead of her daughter, the 3-year-old girl, and the Rainbows were trying to tell police that.
Finley said she was sitting against the bathroom door. At one point, Christopher Rainbow was going to open the door, but Finley said she wouldn't let him go out. Police opened the door moments later, she said.
South Central District Judge Gail Hagerty, who was hearing the evidence to determine whether there is probable cause for the case to go to trial, asked whether Finley had been advised to speak to an attorney before testifying due to the possibility of incriminating herself. Balaban and Morrow said she had given the testimony voluntarily.
Hagerty found probable cause. The case is now slated for a dispositional conference on Feb. 9 in front of South Central DistrictJudge Bruce Haskell.
(Reach reporter Jenny Michael at 250-8225 or jenny.michael@;bismarcktribune.com.)
Posted in Local on Wednesday, December 31, 2008 6:00 pm Updated: 12:17 pm.
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