Drop the hammer (or gavel)

Three separate gun crimes occurred in Jasper County almost within a week of each other, and the county attorney is fired up. Or, rather, fed up.

To see this many cases of alleged illegal use of firearms in such a short amount of time is alarming to Jasper County Attorney Scott Nicholson, especially when the guns were reportedly used to provoke fear in another person.

"I have not seen this type of gun crime where the owner of the gun is trying to scare or intimidate or otherwise provoke fear in other individuals," Nicholson said. "… And that is not a legitimate use of a firearm. It's illegal."

Three people in Jasper County were charged for intimidation with a dangerous weapon in different incidents across the county.

While being questioned by an officer of the Newton Police Department responding to a shots fired call July 19, Michael Waddell, 36, of Newton, admitted to firing two rounds in the air after hearing someone yell to call to police.

The victims indicated Waddell had pointed a gun at them and ordered them to the ground. When one refused, Waddell — who had admittedly drank eight to 10 beers — fired another round in the air, then pointed the gun at the victim’s knee.

Waddell told officers he was trying to intimidate the victims.

Three days later, a woman in crisis made suicidal threats while in possession of a firearm inside her Baxter home. According to police reports, the pistol was fired twice in an effort to have law enforcement and others leave the property.

Both small caliber bullets were shot from inside a single-family dwelling. One was shot through a window, and the other was unable to be located. The woman was taken into protective custody without incident or injury for treatment.

Five days after this incident, Matthew Eilander, 46, of Newton, was arrested and charged for intimidation with a dangerous weapon in an incident that also occurred on July 19. Newton Police took a report of shots fired from a vehicle.

Eilander, while driving a maroon Kia, had allegedly discharged a firearm into the air following a road rage incident between Monroe and Newton. The incident also involved several motorcycles, police reports said.

While Eilander’s vehicle was stopped at a traffic light, the bikers — whom he was involved in the incident with — pulled up alongside him and began yelling at him. Eilander, by his own admission, placed his .40 caliber pistol on the dashboard.

One biker broke an outside mirror on the Kia. When the light turned green, the bikers and Eilander took off in their vehicles. Police reports said Eilander then fired at least three rounds in the air in an effort to “scare them.”

Both Waddell and Eilander were arrested and jailed.

Iowa Code dictates it a crime to shoot, throw, launch or discharge a dangerous weapon — or threaten to do so — inside or around a building, into a vehicle or at a group of people. This would be considered a Class D felony.

If someone does this with the intention to provoke fear or anger or to injure another, it is identified as a Class C felony. If convicted, people charged with class C felonies may receive prison time.

Legislative Services Agency says Class C felonies "are punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000." Class D felonies result in no more than five years in prison and a fine of at least $750 but no more than $7,500.

Furthermore, people convicted of gun crimes are subject to suspension or revocation of their permit to carry weapons. However, a felony conviction would permanently ban an individual from possessing a firearm.

Unable to speak about the three cases themselves, Nicholson warned these crimes will not be tolerated, even in the midst of a pandemic that may have people on edge. According to NPR, gun sales have spiked since COVID-19.

Progressive gun laws that have passed the Iowa Legislature in recent years have made obtaining and carrying firearms easier for citizens, Nicholson said. It’s not the reason for gun crimes, per se, but it can be a contributing factor.

“With more guns on the street, the chances of you see more gun violence increases,” Nicholson said, noting that other factors such as the pandemic and economic conditions can play a role, too.

Regardless, Nicholson does not want to see a trend of gun crimes start to form in Jasper County.

Jasper County Sheriff John Halferty told Newton News that gun crimes are not common but are “certainly more prevalent” than 15 or 20 years ago. They also seem to occur in “clusters,” as do many of the priority calls for the sheriff’s office. A cluster, he said, is usually two to four calls in a short period of time.

“We may then have no guns calls for several months,” Halferty said.

Newton Police Chief Rob Burdess said the county seat town of more than 15,000 people does not historically see a high number of firearms-related cases. It is “unusual” to have multiple incidents in such a short time period. Nationwide, however, there has been an increase in recent months.

“Newton maintains a low violent crime rate and typically incidents involving guns are isolated and not random,” Burdess said.

It is important to note these three incidents were isolated and not related to each other.

There are a lot of unknowns when officers respond to gun crimes, Burdess said. Their first priority when arriving on scene is to stop the threat and secure the weapon so further violence does not occur. Then officers are to care for anyone who is injured. Halferty said calls concerning weapons can heighten awareness.

Law enforcement officers are trained to always be ready and alert of weapons. But when a call involving a weapon is confirmed, it allows officers to start processing their plan ahead of time, which can depend on the nature of the call. Halferty said theres a sense of relief when calls are handled and under control.

Oftentimes, there can be some confusion about what justification or reasonable force means for people. Halferty said firing a weapon without proper justification "is just plain dangerous and irresponsible." People, he added, can be injured or killed, or property damaged. It can also trigger additional violence or injuries.

Ultimately, Nicholson wants citizens of Jasper County to feel safe and to uphold the law. He knows there are people in the county with legitimate firearms permits, and he does not want them to “start using guns against each other in this manner.”

Nicholson said, “You can carry your firearm if you have a legal permit to do so. But be very careful when you’re deciding to either display your firearm in anger or to discharge your firearm to intimidate others. That is illegal and you will be charged, you’ll be arrested, you’ll be taken to jail. And then you’re facing a felony.”

Contact Christopher Braunschweig at 641-792-3121 ext. 6560 or cbraunschweig@newtondailynews.com