Gilmanton man free on bail after allegedly pointing fake gun at police - 462

GILMANTON — A Gilmanton man is free on $25,000 personal recognizance bail after allegedly pointing a home-made toy revolver at a police officer.

Affidavits obtained from the 4th Circuit Court, Laconia Division on Monday said Daniel Walker, 57, of Chestnut Avenue is charged with one count of felony reckless conduct for "purposely" placing another in imminent bodily danger and one count of felony reckless conduct for "recklessly" placing another in imminent danger. The charges represent different theories of the same Saturday night/Sunday morning crime.

When the officer asked why Walker pointed a gun at him, he said he thought it was his neighbor or one of his neighbor's friends and was "stand(ing) his ground."

Police said the story began earlier when the officer responded to Walker's home at 1:28 a.m. after being dispatched there and being told there was a report of someone standing on the porch shooting a gun into the air.

The officer, who had police backup coming from Belmont, drove down Chestnut Avenue and initially drove past the actual house, said affidavits. When he turned around in his marked cruiser, he said he saw Walker move quickly to the corner of his deck, take an aggressive stance, and bring his hands to his face like he was pointing a gun at him.

The officer backed away about 100 feet for "his own safety" and got out of his cruiser, removing his duty pistol from its holster. Affidavits said when he saw Walker walking toward him, he gave him specific orders to "walk slowly," to "place his hands on his head," and to "get to his knees" — all of which Walker did.

A Belmont officer handcuffed him.

When the Gilmantion officer asked Walker what he was doing, Walker said he was lighting fireworks off from his deck. Then he said he was using a toy revolver to "light off caps" to annoy his neighbors because he doesn't like them.

He said it was a toy revolver but that it was capable of firing real bullets. Walker gave police permission to go into his house and secure the weapon, warning them there was a "live round ball" in the gun.

Police found the revolver. Affidavits said Walker apologized repeatedly about allegedly pointing it at the officer, telling him he was a former corrections officer and that he understood what was happening to him.

In court yesterday, Walker appeared by video and said nothing.

Although the police prosecutor and Walker's attorney agreed on $5,000 personal recognizance bail, the prosecutor mentioned that Walker had apparently been drinking that evening.

Judge Jim Carroll said he would set bail at $25,000 personal recognizance and ordered that until the case was adjudicated, he was not to drink alcohol, not to possess any firearms or explosive devises, and to sign a waiver of extradition.