COURT CASE: HALLOWEEN TRICK OR THREAT?

Byline: Don Holland Daily News Staff Writer

The jack-o'-lanterns at David J. McGee's Appalachian Street home had been smashed the past couple of Halloweens and he was determined that it wasn't going to happen again this year.

So the aerospace engineer-turned-furniture designer watched and waited, then chased a group of teens he thought was threatening his property.

Deputies said they are still trying to unravel numerous accounts of a Halloween night incident that escalated into a series of confrontations that now has McGee facing a felony charge of assault with a deadly weapon, in addition to four misdemeanor assault and weapons charges. His arraignment is scheduled for Wednesday.

``Right at this moment, quite frankly, I'm flabbergasted,'' McGee said Friday, after prosecutors filed the felony charge, which could bring him four years in prison upon conviction. ``Originally, the police wanted to file this as a felony. Then the (district attorney) changed it to a misdemeanor. And they've changed it back to a felony.

``They're either stupid or they're bluffing,'' said McGee, 53.

But the father of one of the youths involved in the Halloween fracas said he is disappointed McGee is being charged with only one felony.

``My reaction (to) that they're dropping several of the charges down to misdemeanors is it's questionable,'' said Nick Solare. ``I'm just amazed that it's going to be one felony and the rest misdemeanors.''

Solare said his 13-year-old daughter was trick-or-treating with three friends when McGee, without warning, ``jumped out of the bushes and whacked her in the abdomen with a hammer.''

McGee said he was not holding a hammer, but a stick, which he grabbed when he chased the group of teens who a neighbor said had vandalized the pumpkins.

``It wasn't my intention to punish anybody,'' McGee said. ``It was my intention to catch them. . . . I saw someone coming at me from behind. In an instant, I flicked backwards and hit this person in the breadbasket. All I saw was somebody who looked like they were about to hit me.''

According to both Solare and McGee, the girl ran to nearby Westlake Hills Elementary School and reported the incident to deputies stationed there.

A group of youngsters, who gathered at the school in the wake of the girl's story, then set out for McGee's house, where a confrontation escalated into a fistfight, both McGee and Solare said.

One youngster ended up with several stitches to the back of his head. Another reportedly suffered minor injuries to her back, Solare said.

As McGee retreated to his house, a small group of teens converged on his home. One of the youths threw a can that missed McGee, but hit his 9-year-old son, Trevor, in the neck. That set off another fight and foot chase, McGee said.

McGee returned home again only to see a large group of angry youths headed his way, he said. McGee said his son called 911 at that point.

``If you'd just had a violent confrontation with somebody and saw 20 to 30 coming at you, what would you think?'' McGee said. ``They weren't on a goodwill mission, I can tell you that.''

Not knowing when deputies would arrive, McGee said he armed himself with two knives and an unloaded shotgun and went outside. The group scattered.

Moments later, deputies arrived and handcuffed McGee.

McGee said he was merely protecting his property when he armed himself and stood up to the teens.

``I think as a citizen, you have a duty to stand up to intimidation,'' he said. ``If you relinquish your rights as a citizen, if you relinquish your dignity, if you relinquish the things you believe in to a roving gang of teen-agers on the street, then where are we headed as a society?

``Ultimately, it's not the police who are going to help people. It's people like me or anybody else who stands up and and says no, I'm not going to be intimidated,'' he said.''