Murder charge filed in Beaver restaurant shooting

Published: Monday, Dec. 3 2007 2:23 p.m. MST

A Beaver man accused of gunning down a man inside a crowded restaurant has been charged with aggravated murder, prosecutors said.

Beaver County Attorney Von Christiansen's office said Monday that Mark Elden Erickson, 30, will make his first appearance in court on Wednesday to face the first-degree felony charge in the death of Timothy McEnaney, 32.

"Notice of intent to seek the death penalty has not been filed by the prosecution, and no decision is expected to be made until 60 days after the defendant's arraignment, in accordance with applicable law," Christiansen said in a statement.

Meanwhile, sheriff's deputies said Erickson remains in the Beaver County Jail with bail set at $2 million cash only.

Beaver County Sheriff's deputies said Erickson walked into the Timberline Inn restaurant about 5 p.m. Saturday and approached McEnaney, who was sitting with Erickson's ex-wife.

"We really haven't determined a motive other than what we figured out that night," Beaver County Sheriff Cameron Noel said Monday. "We had a man who's with another man's ex-wife. They had tried to (reconcile) the marriage, that fell through. The man and woman were having dinner together and (Erickson) came in and killed him."

Erickson fled the restaurant but was spotted by police and arrested in a remote part of Beaver a few hours later. He has declined to speak to investigators, the sheriff said.

McEnaney died at a Salt Lake area hospital late Sunday.

Court records show Erickson and his wife were divorced in 2006. Police said they hadn't had much trouble between the two.

"We've had a call or two in the past," Noel said Monday.

Erickson has a prior conviction of threatening someone with a dangerous weapon. According to court records, he pleaded guilty to the class A misdemeanor. In exchange, prosecutors dismissed a third-degree felony aggravated assault charge.


E-mail: bwinslow@desnews.com

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