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Man accused of aiming unloaded gun at OCS worker

Posted: March 8, 2012 - 1:09am

A Juneau man has been charged with felony assault and a misdemeanor weapons charge after he allegedly drunkenly pointed an unloaded gun at an Office of Children’s Services employee during a home visitation and pulled the trigger.

“I was totally scared when he pulled the trigger because I didn’t know if it was loaded or not,” said the OCS employee, Deanna Komar, in an affidavit filed by prosecutors. “He said it wasn’t, but he was also drunk.”

Michael J. Schwab, 53, was arraigned in Juneau District Court on Wednesday and is being held on $2,000 bail.

Assistant District Attorney Amy Williams told the judge Schwab has one prior driving under the influence conviction and two prior convictions for violating conditions of release. All three of those were in 2011.

When Williams requested he not be allowed to possess firearms in his residence if he is let out on bail, Schwab interrupted, “Say what?” before being shushed by the bailiff.

According to charging documents, during the Dec. 17, 2011 home visit, Schwab started talking about buying a rifle for his son, and went to the garage to retrieve a semi-automatic handgun and a loaded magazine. His wife and daughter kept telling him to put it away, but Schwab stated he was just showing it to Komar and the gun wasn’t loaded.

Komar then stood up and asked him to put it away, and Schwab pulled the trigger while the barrel was pointed at her legs.

“This was a total mistake, and it won’t happen again,” Schwab told a police officer during a later interview about the incident, according to the affidavit. “I was just talking with Komar about how I bought a rifle for my son. I don’t know what I was thinking when I went and got the handgun. I am real sorry it happened.”

Schwab told the judge he retired from a city job in December of 2011.

If convicted, Schwab could face up to five years in prison for the class ‘C’ felony assault charge for recklessly placing Komar in fear of imminent serious physical injury, though the presumptive term for a first felony conviction is between zero and two years. He could also receive up to a year in prison for the misdemeanor fourth-degree weapons misconduct charge, as well as any fines or prison time from any prior suspended sentences that were imposed.

• Contact reporter Emily Russo Miller at 523-2263 or at emily.miller@juneauempire.com.

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