TAYLORSVILLE, Utah (KSTU) -- A man ended up shot by a bystander and arrested by police after a wild scene outside of a child's birthday party in Taylorsville on Saturday.
Brian Bogart, 40, was arrested on suspicion of aggravated assault, illegal firearm possession and kidnapping after police say he showed up uninvited to a home and, after being turned away, returned and pointed a gun at people in the area.
According to a variety of witness accounts in a police statement, Bogart was driving to the home of a man identified only as "T.O." after already being told not to come. T.O. told police he had grandchildren over. Unified Police told Fox 13 there was a child's birthday party at the home, in the area near Hemlock Drive and Manzanita Drive.
Bogart's car broke down on the way, and as he continued on foot toward the residence, a man he did not know with initials "D.C." stopped to give him a ride. D.C. told police that as he drove, Bogart pulled out a handgun and placed it on his lap. He then reportedly said he was going to kill someone, then denied it, then said it again. D.C. said he was afraid and drove away as soon as he dropped Bogart off. He reported the incident to police when he arrived at his home.
When Bogart arrived at T.O.'s home, T.O. said he appeared intoxicated and he told him to leave. He told police he noticed a handgun in Bogart's pants and had him remove the magazine. He told him to leave again, and then Bogart reportedly became agitated and pointed his gun at T.O. as he walked away. T.O. believed the gun was not loaded.
A few minutes later, T.O. and other witnesses say Bogart returned and pulled the gun out as he approached the home. A neighbor, who T.O. was speaking to and who had a concealed-carry permit, then pulled out his concealed firearm and told Bogart to drop his weapon, according to the report. Witnesses say Bogart pointed the gun at the neighbor, who then shot Bogart twice, hitting him in the arm and neck. He was taken to the hospital with non-life-threatening injuries.
Bogart later admitted to police that he had the gun and knew he wasn't supposed to (court documents indicated he has been convicted of multiple felonies and misdemeanors), but said he pulled it because T.O. and the neighbors were confronting and surrounding him.