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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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onder
421
Points
onder 03/08/12 - 08:01 am
3
1

Close to the

Bottom of the barrel maybe, might be a great time for the courts to force some extensive rehabilitation on this individual before someone really gets hurt or killed. That is something our judicial system never thinks about until it is way to late.

Banditrider
638
Points
Banditrider 03/08/12 - 08:09 am
2
1

Lucky

Pointing a gun at someone and pulling he trigger? This guy got real lucky that a round wasn't left in it. Ms Komar could be missing a leg right now and have a lifetime disability. Give this guy some massive fines, community service, Al anon, and confiscate his guns.

kpawsuh
10144
Points
kpawsuh 03/08/12 - 08:14 am
10
13

Given what I have heard about

Given what I have heard about OCS, I am suprised it hasnt been done intentionally with a loaded one. Not advocating anyone get shot, but man I have heard some over the top stuff done by these folks. It goes without saying though that if this family has OCS in their lives, this incident will not do anything to help their case. OCS will be demanding the kids be removed and the guy being prosecuted to the full extent. Once OCS is in your life, they will never leave until you have been stripped of your children. They dont make any money for keeping the kids with their parent, only for putting them in foster care.

akdee
130
Points
akdee 03/08/12 - 08:38 am
2
4

Just wondering if his gun was

Just wondering if his gun was one of the 'missing' ones from Raycon....

Latitude58
14742
Points
Latitude58 03/08/12 - 08:46 am
4
3

Alcohol

So the guy has a DUI conviction. Child abuse issues. And he uses the "I was drunk" excuse for his firearm stupidity.

Lock em up. Confiscate the guns. And get the kids out of that situation.

skirkz
6719
Points
skirkz 03/08/12 - 08:49 am
8
4

Stupid

Even the mention of guns around the kid cops is stupid. Being drunk when the kid cops come around is stupid. Pointing a firearm at anyone other than in the case of self defense is stupid. Add them all together and you get stupid.
On the other hand, I agree with kp. Kid cops can be condescending gestapo that treat every case like an extreme child abuse situation. They will assume the worst of the best of parents. Just sayin'.

lvmykyk
1805
Points
lvmykyk 03/08/12 - 08:58 am
5
2

Unfair statement

To suggest that OCS workers somehow are to blame, based on something you heard. To imply they get commission for removing children, inaccurate and cruel. No one deserves that. I have never experienced OCS overstepping, understepping possibly, but not overstepping. Does that mean it does not happen? No. Just not my personal experience. And those who I have heard speak ill of their experience, based on my experience with them. I take their words with a bag of salt. Bigger concern here is a drunk with a gun.

Audio27
242
Points
Audio27 03/08/12 - 10:00 am
6
4

kpawsuh - really?

" Once OCS is in your life, they will never leave until you have been stripped of your children. They dont make any money for keeping the kids with their parent, only for putting them in foster care."

Your quote above boggles my mind. OCS is a government agency and not for profit. They don't "make money", they attempt to protect children from dangerous situations in their homes. Like...let's say...a father who hasn't the slightest regard for gun safety. I support firearm ownership, but disregard for safe handling puts this guy on list of those who should be disciplined.

I notice you rail against government quite a bit in your posts. Should we assume you use no government services at all? Do you drive - which requires the DMV? Do you receive a PFD - which requires that division to process your dividend? Do you prefer not to have the services of firefighting and police?

Some of your arguments are sound, but more often than not I feel you are really angry about something that may not have anything to do with the topic you are posting about. If that's the case, there are excellent government services here in town that can counsel you on anger management.

BuNNy
181
Points
BuNNy 03/08/12 - 10:04 am
3
0
oneortheother
0
Points
oneortheother 03/08/12 - 11:35 am
2
3

Given what "he" heard about

Given what "he" heard about OCS, is probably not true. OCS do not strip a family of their children unless they are in immediate harm. You have to really do something terrible to have them remove.

This incident put Miss Komars life in danger. It's right out scary and to imply OCS workers had it coming is crazy thinking. Iam sure kpawsuh experience with OCS is ongoing and not heard about.

kpawsuh
10144
Points
kpawsuh 03/08/12 - 11:59 am
7
3

I have no personal experience

I have no personal experience with them. I do everything I can to keep the State from entering my life.To suggest that OCS doesnt make any money from taking kids is a joke. They get funding based on caseload and activity. If they generate no cases, they will be viewed as not necessary. They are also given federal funding to pay for that foster care program. Who do you think pays for foster parents?

My experience was from watching a person I know very well go through hell at the hands of OCS. They were low income, "trailer trash" if you will. But they were very nice people who had huge hearts and loved their kids. They just made really stupid choices with their finances. They got on assistance. Once the state had a toe into their home, they barged right in. Regular visits showed the house was not kept clean enough. They started scouring the house to make sure it was clean enough. Then the kids didnt have enough toys. Well they had donated a bunch so that the house would look clean. So they got more toys. The food wasnt acceptable. So they changed that. Finally the Dad had enough of the game and said "BS". He was "arguementative". Hmm did he yell at the kids? Was he abusive to the wife or kids? Next was mandated counseling for him, with the threat of removing the kids if he didnt. He went but grudgingly. He started to be more adversarial in the meetings with OCS. OCS told the mother she had to divorce her husband or lose the kids, so she did. He still lived in the house though so they told her she had to move, preferably to another town. She moved out of Juneau. End result? The state took the kids and put them in a foster home with alcoholic foster parents and the daughter ended up being molested by the foster parent. Much better eh? I personally watched this one unfold. I have been told similar stories, but did not witness them. Am I anti govt? If they operate like that, yes! Do thry do some good? Yes! But I have definitely heard and seen some real abuses of power. Should we default towards the childs safety? Yes! But we should also respect the sanctity of the family.

blackdog
6
Points
blackdog 03/08/12 - 12:05 pm
4
2

Kid cops are like any other

Kid cops are like any other cops. They seem to many to be existentially annoying or intrusive - until you need them to help you.

Word to the not-so-wise.....unless you want your children removed its probably not a good idea to stagger around drunk and dry fire pistols at the case workers......

kpawsuh
10144
Points
kpawsuh 03/08/12 - 12:16 pm
3
2

Agreed, Blackdog. I have

Agreed, Blackdog. I have just as much vitriol for overzealous, troopers, JPD, EPA, mall security or any other regulator. I temper it with when called on it, the supervisor says that sometimes they may get a little overly or even sound mildly apologetic. They usually don't. They site gut instinct, or officer safety, or the childs safety, whatever lame excuse they can dream up. Sorry, I was a cop. I know a bad one when I see it.

Do the Right Thing
602
Points
Do the Right Thing 03/08/12 - 01:03 pm
2
3

another idiotic defense

I staggered drunk into my garage, was sober enough to fund the gun and aim it perfectly just to show it wasn't loaded but was too drunk to be responsible for my actions. He should be in jail.

Doubtful he is working to support his family or he wouldn't be home drinking during the day. More than likely living off the charity meant for his kids.

BTPost
173
Points
BTPost 03/08/12 - 01:06 pm
2
1

OCS has a hard Job to do....

It is a tough Job, we ask them to do, and if they "Screw the pooch: doing it, they get massive News coverage, but that is about it. That being said, It has ALWAYS been my opinion, that these folks, "Need to have their Personal Skin in the Game". We, as Citizens, give them this Power, over us, and when they Overreach that mandate, they need to be held, Personal Responsible, for their actions. It should be the same for LEOs serving Warrants. If they get the wrong Address, or the Warrant was gotten under False, or Misleading Information, then the LEO needs to be FIRED, and Prosecuted, ASAP, Period. No BS, just Facts.... This would stop all the No Nock, Swat Team, nonsense, at the Wrong Address, or on Unsubstantiated Facts, that we hear about all the time. It just isn't enough, for these folks to say "Oh we are terribly sorry, we messed up". If they Mess Up, they are GONE, Period. We give them this Power over us, and if they use that power, Inappropriately, then they can't, and should NOT, be Trusted, with that Power, ever again. My Opinion.... YMMV....

AuroraVista
246
Points
AuroraVista 03/08/12 - 03:58 pm
1
1

kpawsuh

It's amazing how much misinformation is written in these comment sections.

kpawsuh
10144
Points
kpawsuh 03/08/12 - 04:57 pm
1
0

Then stop doing it

Then stop doing it

blackdog
6
Points
blackdog 03/08/12 - 06:30 pm
0
0

kpawsuh, I'm not sure we're

kpawsuh, I'm not sure we're on the same page on this issue. I sometimes view any authority as the boogeyman in the closet but the cops I have dealt with over the years since I grew out of being a dope-smoking hippie have been pretty good especially here in Juneau. Most cops are just husbands, wives, moms, dads, etc who have a job to do. The one's I know enjoy being able to help people out as much as they like to take down bad guys and all of them are frustrated when they see the same losers back out on the street even if it does help their stats.

I've only dealt with OCS once and I was impressed with the case workers effort and also the judgement of the legal team that advises them even though they weren't as aggressive as I thought they should have been (obviously they were advocating for my children at my request.) At least in Juneau OCS workers can't just have JPD kick down your ex's door and snatch your kids because a case worker wants to. There is a peer and legal review process that takes place before any removal and I think they all have to go before a judge first.

Who knows, maybe I caught them on a good day or was lucky to work with some of the good apples in the bunch but I appreciated their work and wouldn't trade my job for theirs if I got 10 times their salary......

Jo MacNamara
697
Points
Jo MacNamara 03/08/12 - 07:01 pm
3
5

Where are the gun kissers???

To all the gun kissers who bashed me on the last article I commented on regarding guns, your silence is deafening.

This is EXACTLY the type of person who should never be allowed to ever own a gun.

As I see it, his actions accounted to:

1. Reckless endangerment -- multiple counts (for the OCS employee and each person in the room);

2. Assault with a deadly weapon;

3. Intimidation of a government official;

4. Disorderly conduct;

I am not anti-gun. I am anti-stupid-people-owning-guns.

And this is a PERFECT example.

As such, this person deserves at least a decade in jail, take his kids away, and never allow him to ever own a gun again.

And if he is found with one after his incarceration, he should be put away for life. He is an obvious danger to society.

Did you read how he screamed in court when it was suggested that his guns be taken away from him? His guns are probably his binky. Guns define the manhood of many, many manhood-lacking people.

Had I been the OCS worker and he pointed a gun at me and pulled a trigger, I would have taken it away from him, bashed him in the face with it a few times and called the cops. Self-defense.

I hope he gets sent away for a very, very long time, then his kids go elsewhere, and that he is never allowed to ever own another gun again.

I will now entertain comments from the gun kissers who will say "Aw shucks. He didn't mean nuffin'. He said it was unloaded, and unloaded guns never hurt no one. And he really wasn't that drunk. Gun control means usin' BOTH hands. I mean, who ain't never pointed an unloaded gun at somebody and pulled a trigger? It's a favorite game wit my kids."

This is mah rifle,
This is mah gun,
This one's fer huntin',
This one's fer fun, and pointin' at the people whut done visit me from thuh state.

beardscratcher
13
Points
beardscratcher 03/09/12 - 01:00 am
0
3

clean house?

he is an idiot! he needs a big fatttttt fine,with no guns for five years,that is a start....

LunariarWarrior
64
Points
LunariarWarrior 03/09/12 - 03:42 pm
1
0

such a fail

OK... Lets get this straight: I'm Michael Schwab's son, and my sister and mother were there (obviously). I talked to BOTH of them, and both of them said that he did bring out the hand-gun, but didn't aim it at her leg and pulled the trigger. Also note that my dad was having a lot of seizures during the month this happened, so he's been taking seizure medication and he isn't himself when he is on his medication. On a side note... Loving the grammar in this article: "Schwab told an police officer".

swimmergirl
4371
Points
swimmergirl 03/09/12 - 04:46 pm
0
2

michael's son....I hope

that you have learned a lesson from this situation. And that lesson is, that gun safety is an absolute. You never, NEVER mess around with a gun, whether you believe it is loaded or not. This goes double for when you are on medication that you know has a detrimental affect on you or when alcohol is involved - in that case just leave the guns in a locked case, period. You also never, EVER point any gun at or even NEAR anyone, EVER. Period.

I own several guns. I was lucky in that when we went shooting or learned to clean the guns, my dad was ALWAYS a stickler about pointing a gun at the ground or in the air even walking from the car to the tables at the range. As a result; even if the bolt is out, and I'm cleaning a rifle, I'm aware of the direction of the barrel. Always. And, I've had a lot of safe fun target shooting and hunting over the years.

I hope someday you can have this kind of positive influence in your life.

LeAnne Schwab
0
Points
LeAnne Schwab 03/09/12 - 09:30 pm
4
1

I want EVERYONE to read this comment.

Dear people, and ANYONE who has read this article about MY dad. This is MY dad here, I am his one and only daughter. This article was completely uncalled for, and it really bugs me that this Emily Russo Miller lady, feels like she had to write an article she doesn't have all the detail about.
For all you commenters who believe its "right for him to be put in jail" or whatever, you're wrong. You are wrong in the regard of not knowing AT ALL what happened that night. All you see here, is what happened in Deanna Komars point of view, and whether you believe it or not, you have to have the common sense to know that there is TWO sides to every story.
My dad has alcoholism, and that is considered an illness, and I believe it. And since this night had happened, in December... I don't see the need for an article to be written about it, when this happened about 3 months ago.
Since then, my dad has been going to Rainforest Treatment Center and getting counseling, and getting the help he needs to take me back into his custody. And he's trying really hard, so for him to be punished, or believed to be, for something that has happened months ago, and since then, he's been getting better and better, SHAME on you. My dad has had a crystal clean record until 2011, and he's 53 years old.
But I'm not saying what he did was right, but people make huge mistakes. My dad does keep his guns locked in his gun cabinet. This was a mistake.
My dad did not aim the gun at Deanna, and my mother, myself and my mother's friend are witnesses. Shame on Deanna Komar, I hope she sees this comment also.
And for all you who posted those ignorant comments, shame on you.
I doubt any of you live perfect lives, where you have to deal with no big problems. Don't be pointing fingers at MY family when your hands aren't clean. Mistakes happen, and owning up to it is what real people do, unless you're a person with a rod shoved up your ass. I'm not taking this crap from anyone. I hope all of you see this, and I hope you feel guilty. I have real feelings, I am a real human being, and so is my father. People make mistakes, no one was hurt. Seeing these comments made me SICK. Shame on you.

LeAnne Schwab
0
Points
LeAnne Schwab 03/09/12 - 09:32 pm
2
0

Thank you, Lunariar Warrior

LunariarWarrior,
Thank you for making a comment that was plausible.
Yes, "LunariarWarrior" is my older brother.

LunariarWarrior
64
Points
LunariarWarrior 03/09/12 - 10:22 pm
2
0

swimmergirl

My dad is a stickler also about guns. When I was in 6th grade and went to the rifle range with him, he would constantly yell at me to be careful with the rifles. Also, note in my 1st comment, that I said that my sister and my mother said that he placed the handgun on the table, not aimed it at Ms. Komar's leg and pulled the trigger. Even on his medication, he wouldn't do something as stupid as that.

littlesister
0
Points
littlesister 03/10/12 - 01:46 pm
2
1

glass houses in Juneau?

Who knew... judging from many of these comments there are a lot of folks ready to believe what they read in the paper to become judge and juror for another human being. By golly, a lot of you are really smart and blameless, too! Well, I have helplessly watched this strong, loving family (perfect? no) being crucified and yanked apart. Not sure which came first, the state's intervention or alcohol abuse. It is nearly impossible to comprehend how any of what has transpired benefits this family or society - my niece and nephew were never in danger from their parents. In fact, what has happened to them has been more damaging than growing up with a functional alcoholic parent - first hand experience.
It seems every time my brother and his wife start pulling themselves out of a terrible place - another hammer drops and knocks them cold. Leanne is right about the timing of this story. I only wish the resources the state has spent demonizing this family could have been spent to help them.

littlesister
0
Points
littlesister 03/10/12 - 02:57 pm
2
1

more thoughts on the matter

Now that I'm wondering why Miss Komar did not simply get up and walk out of the house...perhaps OCS needs to do some retraining? If she really was fearing for her safety, it doesn't sound like her actions support her accusations.

LeAnne Schwab
0
Points
LeAnne Schwab 03/10/12 - 06:57 pm
2
1

"littlesister"

My thoughts exactly! Thank you, for thinking outside the box..unlike some people above.

MC Trig
-1
Points
MC Trig 03/13/12 - 10:02 am
0
2

holla @ LeAnne

it taks sum nutz 2 doo wut u did n stand up 2 sum clowns. as 4 da rest a yall, if u don know da facts, stay up outta hurr. izz all 2 tippicul 2 see playaz cummin wit generalitees n tryin to applicate dem 2 spessific instanses, save da preechin 4 da chuuuuucchhh neeegeeeee

PeytonPlaceAK
669
Points
PeytonPlaceAK 03/13/12 - 10:23 am
0
0

MC Trig

You're not funny, you're offensive.

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