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Hunter Accused Of Shooting Ultralight Pilot Plans To Fight The Charges

BRIGHTON, Colo. (CBS4) - A hunter accused of shooting and injuring the pilot of an ultralight plane appeared in court on Wednesday and his lawyer said they will fight the charges.

Frank Urban, 49, has been charged with second-degree assault and felony menacing after shotgun pellets hit the pilot. CBS4's Karen Morfitt was at the Adams County Courthouse for the court appearance and spoke with Urban and his attorneys. They said the pilot put himself at risk by knowingly flying into an active hunting zone.

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Frank Urban leaving court on Wednesday (credit: CBS)

"It was the first day of dove season, the person in the airplane said he knew it was the first day of dove season," attorney Leonard Chesler told Morfitt.

Chesler said his client was legally shooting at doves when an ultralight pilot flew his plane into an area where shots were being fired.

"He says that he, for some explainable reason, wanted to see what was going on and flew within 15 feet of the ground into an area where people were hunting," Chesler said.

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The scene Tuesday night (credit: CBS)

Chesler said the pilot was doing more than checking things out -- that he started buzzing over the two hunters, and did so multiple times.

"The first call to the police was the hunters calling to complain of harassment," he said.

The pilot, James Johnson, 50, said he heard a gunshot and went to see what was happening.

"I thought I heard like a gun noise but I wasn't sure, and then I turned around and came back and then I (saw) a guy down there … flipping me off and pointing a gun at me," Johnson told CBS4 the day after the incident.

Feeling angry he said he flew by again, and that's when he claims Urban fired at him.

ADCO PLANE DOWN map altralight
(credit: CBS)

"I felt the stinging in my leg and I kind of was freaked out and flew back home because I didn't know if I was going to make it or not," Johnson said.

After he landed Johnson said he got in his truck and drove to confront the hunter, who police have identified as Frank Urban. He said he wrestled with Urban over the gun. Johnson said he forced Urban to unload the weapon and then he called 911.

When police arrived Urban was arrested. His attorneys maintain he was the victim.

"I think those charges will need to be sorted out in court. We'll have to find out what people say when they say it under oath," Chesler said.

At Wednesday's hearing Urban was formally charged. A preliminary hearing was set for the end of next month.

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