Alleged BB-gun shooter to face pair of misdemeanors | AspenTimes.com
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Alleged BB-gun shooter to face pair of misdemeanors

A 24-year-old Carbondale man who police say shot at a passing vehicle with a BB gun last month will face only misdemeanor charges, a prosecutor said Monday.

Andrew Yager was initially charged with felony discharge of a firearm as well as misdemeanor charges of reckless endangerment, criminal mischief and prohibited use of weapons.

However, because a BB gun doesn’t meet the technical definition of a firearm under the felony statute, Yager now faces only misdemeanor charges of reckless endangerment and criminal mischief in Pitkin County Court, said Deputy District Attorney Andrea Bryan.

Still, she acknowledged “the underlying facts in the case are quite scary.”

Yager was allegedly parked next to Highway 133 near Carbondale on July 9 when he pointed the BB gun out the window and shot at a passing vehicle, according to a police report. The driver of the vehicle that was shot confronted Yager and took the BB gun from his car.

Yager later reported to Garfield County sheriff’s deputies that he was robbed at gunpoint by two men while skateboarding, the report states. Only Yager was charged in the case.

Bryan noted Monday that Yager was “quite intoxicated” at the time of the shooting.

District Judge Chris Seldin lowered Yager’s bond from $4,500 to a $2,000 personal recognizance bond.

In other court news Monday:

• A 34-year-old man accused of threatening three people and roaming around naked and half-naked in the Thompson Creek area near Carbondale last month will be allowed out of jail so doctors can evaluate his mental health.

District Judge Chris Seldin modified Jacob Hadar’s bond Monday to allow him to travel to Valley View Hospital in Glenwood Springs for the evaluation.

If doctors find he needs mental-health care, he likely will be taken to a hospital in Grand Junction, Bryan said. If not, he will be taken back to the Garfield County Jail, Bryan said.

Hadar also has a competency evaluation at the state psychiatric hospital in Pueblo, Bryan said.

A Glenwood Springs woman and her husband said Hadar threatened to kill them before jumping into the back of their truck as they tried to leave the area late last month. Another man said Hadar also used a sign post to break a window in the man’s vehicle. In addition, members of a Pitkin County road and bridge crew said they saw him walking around wearing only a sweatshirt the day after the alleged assaults.

Hadar is facing charges of assaulting a police officer, resisting arrest, obstructing a highway, criminal mischief and felony menacing.

• A 60-year-old man who frequently yells at and threatens court officials did so again Monday while vowing to withdraw his plea of not guilty by reason of insanity.

William Hallisey told Seldin he instructed his public defender two months ago to withdraw the insanity plea to felony criminal trespassing and enter a not-guilty plea to the charge. Hallisey noted in court that the state psychiatric hospital in Pueblo found him competent to stand trial earlier this year.

“I passed that evaluation with flying colors,” Hallisey said. “I am a sane, intelligent man … who happens to be a shaman.”

An Old Snowmass woman said Hallisey attempted to break into her home while she was there with her daughter. Police said Hallisey was shirtless and drunk at the time.

On Monday, Seldin said Hallisey’s case needed to be set for trial.

“At your own peril, judge,” Hallisey said.

Earlier Hallisey slammed his hand onto a table and demanded to know why he was still in jail after nearly 10 months.

jauslander@aspentimes.com


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