MINNEAPOLIS (WCCO) — A 54-year-old Dakota County man is accused of threatening his brother’s life and shooting at his truck in an argument over a tree, according to the Dakota County Attorney’s Office.

According to the criminal complaint, the county sheriff’s office dispatched deputies on June 6 to a residence in Douglas Township on the report of a man, later identified as Wayne Harris Dierke, who had allegedly threatened to shoot his brother and fired some shots.

Upon arrival, deputies contacted Dierke on the telephone and took him into custody without incident. While clearing his residence, deputies found several handguns and long guns in plain view.

Deputies then talked with Dierke’s brother, who said that when he came home earlier, Dierke was very angry about a small maple tree in their yard that had been cut with a knife. The brother said Dierke, who was yelling and holding a revolver, threatened to kill him and pointed the gun in his direction, according to the criminal complaint.

Then, as the brother was getting out of his truck, he said he heard a shot and believed Dierke was shooting at his truck tires or the ground. He said he then heard another shot in the air. He got back in his truck and said he could see Dierke pointing the gun at the truck tires. As he was leaving, he thought he heard another shot, the complaint said.

When he told Dierke that he was calling the police, Dierke allegedly responded, “OK, I’m getting loaded.”

The brother reported to authorities that he believed the gun his brother fired was a Sportman Model 99 .22 revolver, which holds nine shells and was found inside the residence. A deputy opened the gun’s cylinder and saw that there were seven rounds inside and two open slots. The deputy could also smell gun powder coming from the gun, the complaint said.

According to the complaint, a deputy took a Mirandized statement from Dierke, who said he got “red” during the incident — meaning he got so mad he couldn’t remember what happened.

Dierke is charged with second-degree assault with a dangerous weapon, which is a felony. If convicted, he could face three to seven years in prison and or a maximum fine of $14,000.

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