A 90-year old Johnson Township man has been charged in Scott Circuit Court with three felonies following a Sunday night incident involving a handgun.
John W. Herald of the 7600 block of N. Whitsitt Road in northern Scott County is charged with intimidation with a deadly weapon, criminal recklessness with a deadly weapon and pointing a loaded firearm.
According to Scott County Sheriff’s Deputy Alex Eddy, he was sent to the area after Jonathan Whitehead reported that Herald had fired a shot from a 25-caliber handgun toward him.
When the Deputy and Austin Police officer Zack Higdon arrived at Herald’s residence, he heard movement near a group of trees in the yard. Shining his flashlight he observed a man standing near the trees holding a handgun.
According to the probable cause affidavit, Eddy identified himself as law enforcement, drew his weapon and told Herald to drop the gun. Herald told the officer that he was on his property and refused to drop the firearm.
Moving to cover behind some trees, Eddy told Herald he could be shot if he didn’t drop the handgun.
The stand-off continued for several minutes until Herald dropped his weapon.
Herald told officers that Jonathan Whitehead had been driving up and down the road yelling profanities toward his residence and that officers had previously been required to respond to remove Whitehead from Herald’s property.
Herald told officers that earlier he had driven a female, Lesley Howard, to Whitehead’s residence a few doors north of Herald.
According to the court document, as Herald was dropping Howard off, Whitehead was antagonizing him, making threats and yelling profanities. Herald told officers that he feared for his life because he believed Whitehead was going to slit his throat.
Herald admitted that, while seated in his vehicle, he fired a shot out the driver’s side window into the air in the direction of a tree because he was afraid Whitehead would cause him harm.
When the deputy asked Herald for permission to search his vehicle for the spent shell casing, Herald declined. Pending getting a search warrant, Eddy had Herald’s vehicle towed from the scene and impounded.
According to the court document, Whitehead admitted confronting Herald and flipping him off but ducked and ran after Herald pointed a gun at him and fired.
Herald was booked into Scott County Jail and is being held on a $50,000 full cash bond.
