MINOT – A man charged in the shooting of two others made a brief appearance in North-Central District Court Wednesday.
Theophris Drake, 40, Birmingham, Alabama, is facing five felony charges stemming from a February 4, 2023, incident at the Dakota Lounge. Police responded to that business shortly after midnight for a report of two people being shot.
Wednesday’s court appearance was for a pretrial conference in front of Judge Douglas Mattson. However, the conference was re-set for June 29 at 8:30 a.m. Mattson told the court that the upcoming appearance would be used to “set up a trial date.”
The most serious charge against Drake is Aggravated Assault-Permanent loss or impair, a Felony B punishable by up to 10 years in prison. The remaining four charges are Aggravated Assault, Terrorizing, Reckless Endangerment, and Tampering with physical evidence. All are Class C felonies with the possibility of five years imprisonment on each charge.
Police say when they responded to the call at Dakota Lounge they encountered two male victims who with gunshot wounds. A follow-up at Trinity Hospital revealed that one of the victims, who was shot multiple times, suffered permanent damage “to his bowel and stomach, a fracture to his hip/pelvis.”
According to an affidavit filed with the court, the incident had its beginning when a friend of Drake became involved in an argument inside the Dakota Lounge. Witnesses said Drake left the scene on foot but not before pointing a gun at people outside the bar and telling them to “get back” or be shot.
Police apprehended Drake behind a pile of firewood at Cash Wise Grocery. A handgun believed to have been used in the shooting was recovered a short distance away.