Waggoner will remain on conditional release

An Eagle Point man critically injured after being shot by a sheriff's deputy during a February standoff will not be jailed before his trial, Jackson County officials said.

Dan Waggoner, 42, was shot five times when he walked outside the home and refused to put down his gun after a two-hour standoff on Feb. 24. Waggoner was taken to Rogue Valley Medical Center and remained hospitalized as his condition slowly improved from critical to fair over the course of several months.

Waggoner was in a wheelchair when he appeared for his arraignment Tuesday, said District Attorney Mark Huddleston.

A story in the Mail Tribune on Wednesday incorrectly stated Waggoner would be arrested. Huddleston said Waggoner will be "processed" for trial this week, but he will remain on conditional release, Huddleston said.

Huddleston said Waggoner will not be placed in custody because the county jail does not have the resources to house defendants in Waggoner's physical condition. The county also does not want to bear the cost of housing Waggoner and providing his ongoing medical treatment.

"We would be responsible for his expenses," Huddleston said.

Waggoner has not been required to post bail, nor is he under guard or being monitored at home, Huddleston said.

"We have not had guards on him since that first week in the hospital," he said.

A Jackson County grand jury in March deliberated less than 15 minutes before indicting Waggoner.

Waggoner faces six charges in relation to the stand-off, the most serious being a charge of attempted aggravated murder. Waggoner also has been charged with attempted first-degree assault, two counts of unlawful use of a weapon, pointing a firearm at another person and interfering with a peace officer. Waggoner has pleaded not guilty to all charges.

If convicted of attempted aggravated murder, a Measure 11 crime, Waggoner faces a mandatory sentence of 10 years in prison.

Waggoner appeared before Judge Patricia Crain during his arraignment Tuesday. The judge ruled Waggoner would remain on conditional release pending his trial. Waggoner must avoid contact with firearms and the sheriff's deputy who shot him. Waggoner must return to court to file his paperwork and provide his fingerprints by Friday. A pretrial hearing has been set for Oct. 20, Huddleston said.

Reach reporter Sanne Specht at 776-4497 or e-mail sspecht@mailtribune.com.

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