Bail conditions amended so owner can tend to shop

Milton, Middleton and State Police as well as Milton Fire and Rescue at the scene of Wednesday's downtown incident. (Harrison Thorp photo)

DOVER - Dover District Judge Stephen Morrison on Friday amended bail conditions on Richard “Buddy” Stuart Jr. to allow the Milton businessman to continue running his downtown woodshop while a felony-level reckless conduct court case stemming from his dispute with a tenant moves forward.

Prior to the change, bail conditions had specified that Stuart get no closer than 25 yards to upstairs tenant Joseph Tavares, who claimed on Wednesday that Stuart shot a loaded 9 mm handgun at him after a dispute erupted outside Tavares’ apartment.

The original 25-yard restriction, a lesser distance than the 100-yard restriction imposed on Stuart’s father who was also arrested in the fray, was supposed to allow the younger Stuart to work in his shop, but Strafford County attorneys wanted the bail conditions to be addressed, because the 25-yard limit would be in violation vertically if Stuart were working as Tavares’ apartment is upstairs of the business.

Richard "Buddy" Stuart

Stuart Jr. at one point during Friday’s hearing passed the bailiff a picture of his shop to hand to Morrison, who upon seeing it remarked casually, “Nice shop.”

The judge then amended the bail conditions to allow Stuart to be on shop premises between the hours of 7 a.m. and 7 p.m., however, he is still to have no contact whatsoever with Tavares, who said on Wednesday he was in the process of being evicted.

The only exception to the 25-yard limit Morrison allowed is when both Tavares and Stuart Jr. are expected to appear in eviction court later this month.

Stuart’s $10,000 cash bail was continued without change as was his father’s personal recognizance bail and restrictions on proximity to Tavares.

The melee on Wednesday began around 4 p.m. as Milton’s peaceful downtown was shattered by the sound of a single gunshot.

Stuart Jr. said he fired the single bullet into the air because one of his employees was being threatened by Tavares and several other individuals with him.

“The bullet probably landed in the lake,” he said on Thursday.

Tavares, however, said as the confrontation between the two escalated Stuart looked at his tenant who stood beside a trailer between the former Ray’s Marina and his woodshop and said, “I am going to ----ing kill you,” and pointed his gun at him, fired and missed.

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 from their holsters.

Soon after the shot was fired Stuart’s father, Richard Stuart Sr., wheeled into the front parking lot at Ray’s and was arrested for felony-level reckless conduct for “driving at a human being,” Krauss said.

The older Stuart was treated at the spot because of his age and placed in handcuffs in a waiting cruiser.

Stuart Jr. said he couldn’t observe what had happened with his father, because he was already in a separate cruiser facing the other way.

The confrontation appears to have erupted on Wednesday after Tavares learned Stuart had changed the locks on his apartment.

Stuart said he had done that about a week ago, but on Wednesday was in the process of changing them back on advice of police and his attorney when the confrontation escalated to the discharge of his weapon. 

Stuart Jr. was also charged with two counts of misdemeanor simple assault for reportedly attacking two teens who were thought to be using a cellphone to videotape his movements as he was changing the locks on Tavares' door.

Both Stuart Jr. and Tavares say their families have been threatened by the other, just one aspect of this case that Milton Police and the County Attorney's office will have to sort through as it moves toward next month's arraignment and a possible trial.

If the Stuarts are found guilty of the felonies, they both face three and a half to 7 years in prison and up to a $4,000 fine.