The Juneau man accused of shooting another person in the face with a firearm was arraigned in Juneau District Court on Thursday on harsher charges than originally anticipated.
Kenneth Edward Nalan is now charged with first-degree assault, a class ‘A’ felony. Police arrested Nalan on Wednesday for second-degree assault, a class ‘B’ felony, in connection with the Tuesday night shooting.
Judge Thomas Nave on Thursday read the 35-year-old construction worker the charges and set bail at $20,000, $5,000 as an unsecured appearance bond and $15,000 as a performance bond.
The shooting put the victim, John Nicholas Duran, 33, in critical condition at the Harborview Medical Center in Seattle, though Duran’s status has been upgraded since.
“He is out of ICU (intensive care unit), now listed in satisfactory condition,” said hospital spokeswoman Susan Gregg by phone Thursday afternoon.
Police first responded to a report of a shooting at Nalan’s house in the 3000 block of Glacierwood Drive, which is in Mendenhall Valley, Tuesday evening. An investigating Juneau Police Department officer later said the two men were friends and that Duran was shot in the face with a .357 handgun during a get-together at the house where alcohol was being consumed.
Nalan’s family members said the shooting was an accident. Brother-in-law John Day, who was in a back bedroom of the house with the two men when the shooting occurred, said Thursday in an interview Duran had found the gun in the house, and a struggle ensued between the two men as Nalan tried to confiscate the gun, he said.
“He was trying to get it away from him,” Day said. “It was an accident ... He’s our buddy.”
A phone call to Duran’s family Thursday went unreturned.
An affidavit filed on Thursday by District Attorney Dave Brower shows Nalan gave conflicting accounts of what happened that night, and that at one time he said it was self-defense, but then retracted that statement.
Nalan admitted to responding medical teams that he had shot Duran with the .357, the affidavit states, and then said Duran “threatened me really quick,” says the affidavit.
“No, I didn’t, liar,” Duran replied as he was receiving medical treatment on the front porch, according to the affidavit.
Nalan then began repeatedly apologizing to Duran, it states.
Nalan also told JPD that Duran had a “California style” knife and that Duran attacked him in the back bedroom, says the affidavit.
“Nalan did not know where the knife was, stating, “Ah, I don’t know, look around,” the affidavit read.
Police then found a pocket knife along with the firearm in the victim’s front pants pocket.
Nalan then told police that the knife wasn’t important, the charging documents state.
“He said that he and the victim were arguing and that the victim got Nalan’s gun and pointed it at him, contradicting his first statement that he (Nalan) grabbed a gun when Duran attacked him. Nalan said that he grabbed the gun in Duran’s hand and turned it toward the victim and pulled the trigger,” the document states.
Capital City Fire and Rescue took Duran to Bartlett Regional Hospital, then he was medevaced to Harborview.
Nalan is charged with recklessly causing serious physical injury to Duran by means of a dangerous instrument, a firearm. If convicted, he could face up to 20 years in prison and a $250,000 fine.
Brower said in court that Nalan has a very minimal criminal history, citing driving infractions. Online records show he was convicted for driving while intoxicated in 1998 in Sitka.
Family said Nalan is originally from Skagway, and Nalan said in court that he worked for a construction company in Juneau.
Nave appointed the Public Defender Agency to represent Nalan, and scheduled another hearing for Dec. 30.
• Contact reporter Emily Russo Miller at 523-2263 or at emily.miller@juneauempire.com.





Comments (19)
Add commentGuns, Knives, & Booze
Sounds like they had one hell of a Christmas party.
Darwin...
Please, for the love of God, someone keep these people from reproducing! The last thing we need is more naked babies swimming at Sunshine Cove Trailer Park while their parents get drunk and play with chainsaws...
Some "Buddy"
This is sounding more and more fishy by the day, but John's improving condition is a blessing. Ken, it's hard to say you weren't in the cookie jar when cookie crumbs are all over your face. Hang in there John, your real buddies are looking forward to you returning.
And here come the drama
And here come the drama filled comments in 3...2...1...
Alcohol + firearms = bad. Simple. Period. End of story.
Here's hoping the victim makes a full recovery.
I hope that this will get
I hope that this will get straightened out and that the parties involved will be able to move on with their lives. It is very encouraging to read about Mr. Duran's improving condition.
You guys are all Ridiculous
This is my family you are talking about and it's none of your business. It is unfortunate what happened.
My uncle is a good guy. You guys can shove it.
Wren, keep your comments to urself.
People are hurting over this and you guys have the nerve to cause more drama. Grow up!!!
I love you uncle.
People need to get over themselves.
This is Kaylee Day...Kenneth Nalan was my foster dad/ uncle. You have no right to talk about him what so ever.
And Ken and John werent "buddies"
He worked with my dad and that's how they met.
Get your facts right before you open your mouth.
Yeah Right.
I think if I got shot in the face with a .357 handgun, I wouldn't or could't fold my pocket knife, put it in my pocket, then put the handgun in my pocket and lay in cridical condition waiting for help. It's a set-up. Good job JPD althought attempted Murder seems to be more appropriate. Just sayyin.
@KayDay
Were you there? The ONLY people who really know what happened or why it happened was the people who WERE there. We can all speculate but that isn't going to get anyone anywhere. I am glad that John is improving and pray for Ken. I'm sure he's a good guy--sh__ happens and someone usually ends up regretting those decisions for the rest of their life.
Does it Matter?
My dad was there and told me what happened. And it doesn't give people the right talk talk crap about something they know nothing about...
So I can care less what you think. All I know is if people are going to down grade someone in my family at all, I am going to stick up for them...
It was a drunkin night that went wrong. He found a gun, didn't know it was loaded an my uncle tried to take it from him. I know all three of these people and I know my uncle wouldn't shoot him intentionally.
No one that is making statements or judgments were there either so where does that put them?
All I am saying is people need to quit making drama over something they don't know about.
Accidents happen EVERYDAY. It's life, it's what comes from them that matters.
People in Juneau need to find something better to do with their lives then talk about everyone elses business and spreading rumors.
Seriously
People on here are worse then the teenagers on Facebook, I read comments on the Juneau paper everyday. It humors me what people will come up with just to keep their lives entertaining.
You would think a small community would be more about helping out people and supporting their fellow community members. But this is Juneau we are talking about.
Read the Article
The article quoted John Day as saying "He is our Buddy". I imagine, Ms. Day, that John Day is one of your relatives, so you can tell him to "get his facts right before he opens his mouth" at your next family gathering or boozefest.
It would be best...
...for anyone close to this incident to shut the f___ up! Not to sound insensitive to the gravity of the situation. On the contrary. There are some serious charges pending here and passions on the part of anyone close to the situation can be misconstrued and hurt the case of either party. Kay, wait till this blows over before you let your emotions hurt your loved one's case. SHUT UP! For his good!
Uh duh
It says my Dad said that. John Day is my DAD!!!
And I said in one of my posts that he is a friend of my dads. He met Ken through my dad. Ken and JD aren't buddies, My dad John Day is buddies with him.
Anyway, I have better things to do then argue on this. I will just talk with my family and keep supporting them.
And I will keep JD in my prayers. I have spent time with him and I hope he has a full recovery.
the usefulness of being told
what happened by someone involved in the situation is next to none. Stories change over short times and those with a stake in the outcome have a bias. No offense to your dad, but hes not the be all and end all of truth and youre bright enough to know this. The trial will attempt to solve this.
as
As the great Ron White once said "you can't fix stupid"
PEACE!
In the spirit of the season~~PEACE on Earth, good will toward men.
How Sad the Empire Allows Comments on topics like this!
This is not a appropriate subject to discuss here. Too many insensitive comments and too many emotional responses.Comments here could hurt all involved. There's been enough pain and dysfunction with the whole situation and this is a small town. My goodness...arguments here can translate into real life ugliness that no one need or deserves.
To those close to the situation...please for the good of your family....don't participate here. Try not to look...it's not healthy or productive.
To the empire...is there any way to disable the comments on super sensitive issues like this?
to KayDay
Best consider your postings, cut bait and button up tweety bird before you incriminate a friend or loved one.
MamaT
You can disable them by not reading them. Cover your ears and say "La, la, la, la..." You know, like those three monkeys. "Hear no evil. See no evil. Speak no evil." What makes one article comment worthy or debatable and the other one not?