Boucher motions to dismiss, served warrants

A man accused of firing a weapon at police officers on New Year's Eve of 2011 appeared in court March 18 requesting the court dismiss his case.

Thomas Boucher was arrested Jan. 1, 2012 and charged with four counts of attempted murder on four Enterprise police officers.

During the March 18 hearing, Boucher's attorney's, Paul Young and Carmen Howell, insisted Boucher's gun was never fired during the altercation and therefore he could not be charged for attempted murder.

Boucher's attorney further stated that the Alabama Department of Forensics report mirrors the statement that his gun was never fired.

Thirteen shell casings were recovered from the scene, all of which belonged to the four police officers involved.

A casing from Boucher's gun was never found.

Barry Matson, representing the attorney general's office, stated though an officer was "grazed" with a bullet during the altercation, it could have been friendly fire or a ricocheted bullet.

However, the state maintains that Boucher's gun was fired and said he was willing to prosecute the case and face that "hurdle" in court.

District Judge Paul Sherling said despite the grand jury meeting four times since Boucher's arrest, a grand jury indictment has not been presented against Boucher.

Sherling questioned if his court had jurisdiction over the case since no indictment has been served.

He gave the defense and prosecutors a week to confirm whether he has jurisdiction regarding the case.

In the meantime, he asked if warrants had been filed against Boucher in his jurisdiction for the lesser charges of four counts of menacing, a misdemeanor.

Attorneys representing Boucher and the state have previously discussed pleading the case to four misdemeanor charges for menacing.

This discussion, Young said, shows the state's reluctance in prosecuting Boucher on the four attempted murder charges.

Enterprise police were in possession of the warrants for four counts of menacing, third degree domestic violence and four counts of reckless endangerment and presented them to the court.

Because Sherling does have jurisdiction on the warrants, Boucher was served and a court date for the misdemeanor charges will be set.

Boucher was processed immediately and given a $1,000 bond on each of the nine warrants and released.