Tenant dispute charges move to Superior Court

Richard 'Buddy' Stuart (Lebanon Voice file photo)

ROCHESTER - The Milton landlord charged last month with felony reckless conduct with a firearm in an incident involving his tenant pleaded not guilty to two misdemeanor charges associated with the case at his arraignment on Tuesday.
Richard “Buddy” Stuart, of Union, and his father, Richard Stuart Sr., were arrested on Sept. 18 after the younger Stuart allegedly fired a 9 mm handgun during a confrontation with tenant Joseph Tavares who rented an apartment above Stuart’s downtown woodworking shop.
As Milton Police tried to sort out what happened, the elder Stuart allegedly wheeled into the front parking lot at Ray’s Marina next door and was arrested for felony reckless conduct for “driving at a human being.”
No injuries were reporter stemming from either the misdemeanor or felony charges, which the Stuarts will plead guilty or not guilty to next month in Strafford County Superior Court.
Tavares has said that Stuart Jr. was aiming the gun at him when it was discharged.
Stuart Jr. says he shot the bullet into the air in an attempt to protect an employee at his shop below the apartment as Tavares and another family member drew close to the employee in a threatening manner.
Tavares no longer resides at the apartment, Stuart Jr. said on Tuesday.
At a previous court appearance in Dover District Court on Sept. 20, he had said he was pursuing an eviction action against Tavares.
At that Dover court session two days after the incident, the judge amended bail conditions on Stuart Jr. so he could work in his downtown Milton woodworking shop below Tavares’ former apartment.
Stuart’s $10,000 cash bail was reduced to $5,000 on Tuesday, while his father’s personal recognizance bail was reduced to $7,500.
The Sept. 18 fracas began around 4 p.m. as Milton’s downtown was shattered by the sound of a single gunshot.
Milton Police Chief Richard Krauss characterized the incident as a “disturbance between landlord and tenant, the disturbance escalated and a round was discharged from a firearm.”
When the shot was fired it drew a heavy police response from surrounding towns and State Police. Downtown observers said at one point they saw several police officers running around with guns drawn.
At the time of the arrest, both Stuart Jr. and Tavares said their families had been threatened by the other.
Stuart said on Tuesday afternoon that with a business, a family and strong roots in the community, his bail should’ve been reduced to personal recognizance.
“I’m no flight risk or danger to the community,” he said.
He said he has retained the services of lawyer Stuart Dedopoulos of Durham, N.H., and says he wouldn’t be surprised if his case went to a jury trial. He said he intends to plead not guilty to his felony charge.
A preliminary hearing on his and his dad’s felony counts is set for November.
The next hearing on the two misdemeanor assault charges in connection with a brief altercation with two young men associated with Tavares the day of the incident is set for January.