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FILING IN THE WRONG COURT DELAYS BRESNAHAN’S GUN TRIAL

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The trial for state Rep. David Bresnahan, R-West Jordan, was postponed Wednesday after prosecutors realized they had filed in the wrong court.

Bresnahan, who was charged last month with unlawful discharge of a firearm, a class B misdemeanor, was scheduled to make an appearance in Sandy's 3rd District Court on Nov. 4.The case should have been filed in West Valley City's 3rd District Court, according to a court report. No new date has been set yet.

The conservative lawmaker and radio-show host was charged with the crime after he admittedly fired a round from a handgun on Oct. 4 in an apparent effort to stop two hit and run suspects.

Bresnahan said he witnessed a van run a red light, strike a car and then leave the scene of the accident. He and several others chased the suspects as they crossed an irrigation ditch and headed into a residential area.

The state representative pulled a .25-caliber handgun from the glovebox of his car and ran after the men. He fired a single shot into the canal bank as the men tried to climb a fence, he said. The fleeing men stopped and surrendered.

Prosecutors say the lawmaker had no legal right to fire a warning shot and his concealed weapon permit is predicated and issued only for the lawful self-defense.