Father, son charged in Milton landlord-tenant dispute

Richard Stuart Sr., center, in handcuffs, is taken to a waiting cruiser by police. (Harrison Thorp photo)

MILTON - A chaotic scene unfolded in downtown Milton on Wednesday afternoon as law enforcement personnel from Milton, nearby towns and State Police descended on the area of the former Ray’s Marina and Stuart’s Woodworking and Design after police say a gun was fired as part of a landlord-tenant dispute.

Police ended up taking into custody landlord Richard “Buddy” Stuart Jr., and his father, Richard Stuart Sr.

Both were charged with felony level reckless conduct: Stuart Jr. for allegedly discharging a handgun, and Stuart Sr. for allegedly driving his vehicle recklessly at a human being, according to Milton Police Chief Richard Krauss.

One eyewitness said as lawmen first descended on the downtown several were spotted running around with guns drawn. 

Throughout the afternoon stores like Cumberland Farm’s and Pizza Nook remained open as passers-by watched curiously as the scene was processed for evidence by Milton police with the assistance of other law enforcement agencies.

Yellow tape cordoned off portions of Stuart’s Woodworking and the marina, where it was alleged Stuart Sr. drove his car at someone who was associated with tenant Joseph Tavares, who resides above Stuart’s 570 White Mountain Highway shop.

Richard Stuart Sr.

Tavares said Stuart Jr. was in the process of changing his residence’s locks as part of an eviction process, but the process was improper.

Tavares said Stuart pointed his handgun directly at him when he shot it.

Reached this morning, Stuart Jr. disagreed, saying he shot his 9 mm handgun straight in the air from the top of the steps near the doorway of Tavares’ apartment to hold him and another family member at bay as they argued with one of Stuart’s employees in the parking lot below.

He said he had changed the locks, but was changing them back on the advice of Milton Police and his attorney when the incident developed.

Krauss noted that the discharge of the handgun and the alleged reckless use of the vehicle by Stuart Sr. happened within moments of each other and were part of a “fluid” succession of events.

He said no charges were expected against the tenants at this time.

Richard Stuart Jr.

Stuart Sr. was checked out at the scene by Milton Fire and Rescue personnel due to his age, said Krauss, who added no one was hurt in the incident.

Stuart Jr. was also charged with two counts of simple assault, though Krauss did not explain further the nature of the misdemeanor charges.

Tavares said Stuart Jr. attacked a minor who used his cellphone to videotape Stuart Jr. during part of the incident.

Stuart Jr. and his father both were bailed Wednesday around 8 p.m., with Stuart’s bail set at $10,000 cash and his father’s bail set at personal recognizance

Their arraignment is set for next month.

As part of their bail conditions, Stuart Sr. must stay at least 100 yards away from the Tavareses and Stuart Jr. must stay at least 25 yards away, his distance being less as his place of business is downstairs from their apartment.

Felony reckless conduct is punishable by up to 3 ½ to seven years in state prison and up to a $4,000 fine. 

State Police as well as officers from Farmington, Wakefield and Middleton assisted Milton Police.