Caledonia Argus

Omnibus hearing held for man accused of assaulting an officer

Posted: 2/19/02

By Shannon McKinney
Argus News Reporter

Antoine Edward Eugene Courtney, 33, of Apple Valley appeared in court Wednesday, February 12, with his lawyer Michael York.

Courtney is charged with second degree assault regarding an incident that occurred on November 14, 2001. He is also charged with possessing a pistol, possession of marijuana and possession of a firearm with a removed serial number.

According to the complaint, Caledonia Police Officer Jim Stemper went to an apartment in Caledonia after receiving a telephone call from someone who was concerned for the safety of the person who lived there.

The person had been assaulted by Courtney two months prior.

When Stemper went to find Courtney, a chase ensued. During the chase, Stemper said Courtney pointed a gun at him. Courtney eventually submitted to Stemper by dropping to the ground and releasing the gun. A check of the gun revealed a bullet in the chamber and ten bullets in the magazine.

York is seeking to suppress all evidence obtained from the entry of the apartment on that day because it violated the warrant requirements of the fourth amendment to the United States Constitution.

He also seeks to dismiss the case for lack of probable cause. And finally, in the alternative, to drop the second degree assault charge.

During the omnibus hearing, Stemper testified that he knocked on the apartment door and was let in by a neighbor, who was visiting. The renter was also in the apartment and was aware of Stemperís entrance. Courtney was not in the apartment at the time, and so the neighbor went to get him. A little over a minute passed when the chase occurred in a back hallway that led to the garage.

Stemper was cross examined in exactly which direction the gun was pointed. ìI believe if it was fired, it would have landed five feet away from me. The muzzle was not directly at me,î he said.

Stemper explained that the gun was being lifted in his direction when Courtney was approximately 15 feet in front of him.

District Judge Robert Benson asked for written submissions from both prosecutor and defense regarding legal authority for probable cause and assault arguments. ìI thing itís worth adequate research by both counsel,î he said.

The main submission is to be completed no later than March 11, with replies in by March 18.

To Courtney, Benson said, ìBased on your promise to appear, Iíll continue to grant release on those conditions.î

Courtney is currently free on an unconditional $25,000 bond.

Thefts

On February 7, Alco of Caledonia reported the theft of two Sony Play Stations from the lay-a-way room. They are valued at $300 each.

On Wednesday, February 13, Jay Tolleson, wrestling coach and teacher at Caledonia High School, reported the theft of $151 from 14 different lockers in the boys locker room that occurred between the hours of 3:30 p.m. and 5:45 p.m.

No suspects were seen entering the locker room. It is believed that the back door to the locker room was left open and that was where the offender gained entrance.

This is the second theft in the last week. $20 was taken from a locker in the previous theft.

Vandalism

The Bluff View Manor of Brownsville was vandalized the evening of Sunday, February 17.

Two glass light fixtures were discovered broken and laying on the ground.

A red Legion shelter door located near the swimming pool in Caledonia was found kicked in Sunday evening, February 17. It was unknown if anything was missing.

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