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A man who was shot and wounded by police inside an Ogden restaurant last month, allegedly fired first at the officers, according to charges filed this week.
Leonard Russell Marion, 36, was charged in 2nd District Court with first-degree felony aggravated attempted murder for allegedly shooting at the officers. He was also charged with first-degree felony drug possession with intent to distribute, second-degree felony possession of a dangerous weapon by a restricted person (because of prior felony convictions) and class B misdemeanor interference with an arresting officer.
Marion, who made his initial court appearance Wednesday, is scheduled to return to court on Monday for a status hearing.
On Nov. 20, agents from Weber Morgan Narcotics Strike Force were looking for Marion to arrest him for an incident three days earlier, where he fled from police, according to charging documents.
Agents became aware that Leonard was at Lee's Mongolian Bar-B-Q, at 2866 S Washington Blvd, and went there at about 8 p.m. to arrest him, according to charges.
As Leonard was leaving the restaurant, agents informed him that he was under arrest and attempted to take him into custody.
Leonard fought with the two officers, pulled a .45-caliber handgun from his waistband and fired one shot at the officers, according to charges.
An officer returned fire and Leonard was struck three times. Leonard was taken to McKay-Dee Hospital's Intensive Care Unit in critical condition.
There were other customers inside the eatery, which was reportedly minutes away from closing for the night, but no other injuries were reported.
Approximately 20 grams of methamphetamine was found in Leonard's right front pocket, according to charges.
Ogden police Lt. Danielle Croyle has said that Marion was wanted for questioning in a case involving methamphetamine possession and fleeing from law enforcement in a vehicle.
Croyle said witnesses described the altercation at one point becoming a wrestling match involving the two officers and the suspect. Then, two shots were fired, striking Marion.
Croyle has declined to release the identity of the officer who fired his weapon, but did confirm he is a 13-year law enforcement veteran with the Ogden Police Department and had been appointed to the multi-agency task force.
The officer has been placed on administrative leave pending review of the shooting by both the Ogden Police Department and Weber County Attorney's Office.
Utah court records show Marion has a criminal history going back to 2002 that includes convictions on numerous drug possession and distribution counts, theft, firearms violations and criminal trespassing.
He has been in and out of the Utah State Prison since August 2005, when he violated his court probation. He was released in June 2007, but violated his parole and was returned in December 2008. He was discharged in April 2010, but came back on a new commitment in November 2011. His sentence was terminated in October 2013, according to Corrections officials.
At the time of the shooting episode, Marion was awaiting a Nov. 24 appearance in 2nd District Court on his latest charges: a second-degree felony count of possession of a controlled substance with intent to distribute, two third-degree felony counts of exposing a child to a controlled substance, and misdemeanor counts of possession of drugs and drug paraphernalia.