A year later, Stuart faces jail in gun incident

Police and other first responders gather at the scene in downtown Milton a year ago today. (Lebanon Voice file photos)

MILTON - It was a year ago today that Milton landlord Richard "Buddy" Stuart fired a single shot from his 9 mm handgun in downtown Milton.

It was a shot that shattered the peace of a sunny September afternoon and his own life in the process.

On the day of the incident a chaotic scene unfolded around 4 p.m. as officers ran with guns drawn as they closed in on Stuart. Both State Police and Milton Police responded.

Stuart says he fired the shot in the air out over Milton Three Ponds trying to break up an angry confrontation between a former tenant and one of Stuart's employees at his woodshop beneath the apartment.

The former tenant claimed Stuart was aiming the gun at him.

Now, a year later, Stuart's legal bills continue to pile up and the case is nowhere near over.

Defense lawyers and prosecutors have gone back and forth with plea deals that every time have fallen through.

Buddy Stuart

Stuart contends he really did nothing wrong and could have prevented something worse from happening.

He says he fired the gun to prevent the tenant from attacking an employee.

"I still don't believe I did anything wrong." Stuart said on Wednesday. "I feel like I was the victim."

The tenant, whom Stuart was in the process of evicting, is long gone.

"He left me with a bunch of junk, and bedbugs," said Stuart, which cost him thousands to eradicate.

But what hasn't gone away is the threat of jail time from the incident.

When Stuart was first arrested it was for felony reckless conduct, which can carry a three and a half to seven year prison sentence.

Strafford Prosecutor Amy Feliciano then dropped the charge to a misdemeanor last January, which thrilled Stuart.

"I'm starting to believe in our system of justice again," he said at the time.

But on closer examination of the deal he realized it called for a two-month jail term and he opted against it.

After Stuart refused the deal he was indicted on felony reckless conduct charges in February by a Strafford County grand jury.

Then on Sept. 9 at a dispositional conference Stuart was offered another deal, a deal he says his defense lawyer, Attorney Kimberly Shoen of Somersworth, N.H., has urged him to accept. It would include two weeks of jail time, wearing a GPS bracelet for a year, and anger management and gun safety courses.

Stuart says he has no problem with gun and anger management classes, but objects to the jail time and bracelet.

"Why do they need the bracelet for a year? I've gone a year without getting in any trouble," he said. "It's ridiculous."

Evidence gathering teams at the incident site never were able to find shell casings or any evidence that showed the gun was fired in the direction of the tenant, sources close to the case say.

"That's because that bullet is in the lake," Stuart says.

Stuart's father, Richard Stuart Sr., was also arrested for felony reckless conduct in connection with the incident, but those charges were all dropped.

Police originally said Stuart Sr. had driven his car too close to people as he wheeled into the former Ray's Marina parking to come to his son's aid.

Now Stuart Jr. faces another decision. He is expected to either accept or refuse the latest deal by Oct. 9.

"My family and I haven't made up our mind," said Stuart. "My lawyer has said she thinks we could win the case, but what if we don't."