An argument between several residents last week quickly grew out of control, with discharge of a firearm and assault among several crimes alleged.
Michael Allen Stephens, 57, was arrested outside his Evergreen Avenue residence on September 11, allegedly following an argument and altercations with several residents. The trailer and property belongs to Rosemary Ruoff, with whom he shares a residence. The criminal complaint filed with the court last week is partly based on the testimony of Leon Harvey, Ruoff’s brother-in-law.
Harvey told police he and his wife had been concerned about Ruoff’s safety, not having heard from her that morning. Driving over to Ruoff and Stephens’ residence in his pickup truck, Harvey saw the two talking outside of their trailer. Ruoff approached him as he sat in the vehicle, and appeared to Harvey to have been crying. He alleges Stephens approached the truck as well, in a confrontational manner, telling Harvey to leave.
Pushing them aside with his truck door in order to exit, Harvey testified he had grabbed an axe from the back of his truck as he did so. Stephens allegedly said he was getting his gun from his own vehicle parked outside, running over to do so. According to the complaint, Stephens did retrieve a 9mm handgun from his truck, aiming it at Harvey, who had set the axe down on the hood of his vehicle. Ruoff tried to hold the defendant back at this point, and Stephens fired a round into the ground near Harvey. Harvey returned to his truck with the intention of leaving, at which point he alleges Stephens – still with Ruoff between them – came up to the door and punched him in the face “a couple of times,” breaking his nose and chipping a tooth.
Neighbor Dustin Phillips also provided testimony, telling police there had been yelling at Ruoff’s property that day, worsening after Harvey’s arrival. Phillips approached the property as Stephens held a handgun on Harvey, and rushed back to his own residence to have his girlfriend call 911. He reported hearing the gunshot, and fearing that Harvey had been shot, grabbed a rifle from his residence and returned to his yard. Phillips reported telling Stephens to put his weapon down, at which point the defendant had approached the fence between their properties and began striking it. A top plate was broken, and Stephens allegedly began taunting Phillips to shoot him, climbing the fence onto his property and approaching to grab his rifle. Phillips testified he was unaware whether Stephens was armed at the time, and after convincing him to get off his property, the defendant bared his buttocks at him before leaving.
Kayla Gillen confirmed that Phillips had told her to call 911, and had done so. In her statement she also said Stephens had mooned the pair as he left their property.
Ruoff’s son, Scott Eastaugh, testified he had had a confrontation with Stephens earlier that morning, while dropping off a sink to his mother’s property. He had been up at the landfill nearby at the time of the incident, and a combination of the gunshot and a text message from his wife that there was a problem compelled him to return to the property. Parking his truck across the street, Eastaugh said he watched Stephens reaching into Harvey’s truck, and reportedly helped separate the two to allow Harvey to leave. Stephens had reportedly turned his attention onto him after that, until Phillips had spoken up. He added he had tried to hold Stephens back during the altercation at the fence.
In her testimony of the day’s events, Ruoff said she had been talking with Stephens outside their residence, and alleged he had been drinking that day. Once Harvey arrived, she said the two began arguing. Ruoff reportedly attempted to hold Stephens back when he retrieved the handgun from his truck, but due to her smaller stature was unable to. She assumed he had fired once into the air, but was unable to see what was happening behind her. According to her testimony, she produced the pistol for police after Stephens had tossed it back into the truck, prior to assaulting Harvey.
Making observations on the scene, the complaint has Chief Doug McCloskey and Sergeant Bruce Smith report that Stephens smelled strongly of alcohol, and was unsteady. He refused to take a breathalyzer test, but Smith said Ruoff had produced for him a nearly empty 750mm bottle of cinnamon-flavored whiskey.
After Stephens’ arrest, he has been charged with one count of third-degree assault, a Class C felony; two counts of fourth-degree assault, each Class A misdemeanors; first-degree criminal trespass, a Class A misdemeanor; and fourth-degree misconduct involving weapons, a Class A misdemeanor.
Deputy Magistrate Leanna Nash the next day approved a request for a public defender, with Stephens reporting an inability to afford one himself. A performance cash bond was set for $3,000, which was paid by the defendant. A court appearance was set for September 19.
Bail did not last long, however. Upon his exiting the Public Safety Building at 12:30 p.m., security camera footage captured Stephens entering Harvey’s Dodge Dakota parked outside, allegedly without the owner’s permission. Officer James Nelson of the Forest Service also reported watching Stephens make an obscene gesture to Phillips, Eastaugh and Gillen outside the building as he drove away in his own Chevrolet truck. The interaction is considered a violation of the terms of his release, in interacting with those involved in the case. Phillips further testified to Nelson that Stephens had later been taking pictures of his property, and that he had advised the defendant to keep away.
Stephens was again arrested for violating terms of release, with one misdemeanor charge of criminal trespass added for entering Harvey’s vehicle, and a second added for reportedly entering the premises of Eastaugh’s property. The state is expected to file to forfeit his original $3,000 bond. Another hearing was held on Tuesday, with a new $4,000 cash bond split between the two cases.
As of Tuesday, Stephens remained in jail in Wrangell. Should he make bail a second time, Nash explained he will be compelled to leave the island until having to appear for court. In that event, he will be due back in court on September 29. Otherwise, his next appearance is scheduled for today.
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