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CODY - A Powell man charged with aggravated assault has waived his right to a preliminary hearing, and his case will be scheduled for District Court, where he will be required to enter a plea.

Franklin Lee Miller, 57, made his initial appearance in Circuit Court on Nov. 10 after an incident two days earlier in which witnesses say he fired a gun and wounded a man during an argument.

An affidavit of probable cause filed by Powell police states that Miller pointed a .45-caliber pistol at the ground and fired it after first aiming the gun at the head of Christopher Downey. The bullet bounced off the ground and struck Downey's forearm.

The two men knew each other, and Miller is the ex-husband of Downey's wife. Downey said Miller had previously threatened him, the report states.

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Downey, 38, was treated and released from Powell Valley Hospital, according to police.

Police have not recovered the gun they believe was used and are still searching for a Colt model 1911 .45-caliber semi-automatic pistol. If it is found, residents are cautioned not to disturb it and to contact Powell Police Investigator Dave Brown at 307-754-2211.

No date has been set for Miller's appearance in District Court. If convicted, he faces up to 10 years in prison and a $10,000 fine. He is being held in the Park County jail under a $200,000 cash bond.

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