24 year-old Anthony John Godinez appeared via video in Missoula Justice Court Tuesday afternoon from the Missoula County Jail after being part of an officer involved shooting over the weekend.

According to the Missoula County Jail Roster, Godinez was charged with attempted deliberate homicide and aggravated DUI after the incident early Saturday morning, however, charging documents from the Missoula County Attorney's office have him being charged with felony assault with a weapon.

At his court appearance, Chief Deputy Missoula County Attorney Jason Marks asked Judge Karen Orzech for high bail.

"Your Honor, the State requests bail in the amount of $100,000," Marks said. "As the court notes in the affidavit, the defendant was fleeing the scene of the crash being highly intoxicated when he struck a police officer who was trying to stop him while on foot. I think there are plenty of public safety implications regarding his conduct in this case, and I feel that a high bail is warranted."

Judge Orzech agreed, and set bail at $100,000, however, she did allow pre-trial supervision for Godinez.

Court documents indicate that Godinez was allegedly involved in a two-vehicle crash just after midnight on Saturday morning near the intersection of Ryman and Main. Missoula police officers heard the crash and investigated. The vehicle was headed towards the officers. When Officer Erbacher shined a flashlight at the vehicle, he said the driver initially hit the brakes and then accelerated, striking Officer Erbacher and throwing him onto the hood of the car. He then fired his weapon downwards into the car and it stopped.

The driver, identified as Godinez, had a bloody lip from the crash, but had not been shot.

Officer Erbacher complained of pain in his lower legs and ankles and was treated and released from St. Patrick Hospital.

Godinez's breath alcohol concentration was .241, and he said he remembered nothing about the incident.

He was held over the weekend in the Missoula County Jail. The Montana Department of Criminal Investigations is handling the case, due to the fact that the officer discharged his duty firearm during the incident.

His next court appearance will be September 22.

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