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The Maui News
WAILUKU -- A woman is facing firearms and threatening charges after she allegedly pointed a handgun at another woman at a residence in Makawao.
At her arraignment last week in 2nd Circuit Court, Melanie Sauer, 49, pleaded not guilty to charges of keeping a pistol in an improper place, first-degree terroristic threatening, third-degree assault and keeping ammunition in an improper place.
She was arrested Feb. 2 after callers reported a woman on the road with a firearm, according to police.
During a preliminary hearing Feb. 8 in Wailuku District Court, Kula resident Tiare Forgerson testified she was waiting in her car for her acupuncture appointment at the residence on Kaupea Street when she saw Sauer in front of the car with a phone, then walk around to the back of the car.
Forgerson said she got out of her car. "I was trying to ask what was going on," she said.
She said Sauer "hit me in my right eye and we ended up getting into a little scuffle."
"It was quick," Forgerson said. "We were fighting. Somehow I was on the ground. I remember trying to get up. I remember when I looked, there was a gun in my face very close.
"I was so scared. I just remember seeing a picture of my daughter’s face, wanting to run and get out of there."
Forgerson said she was trying to get back to her car to leave when property owner Thomas "TJ" Frank came outside and yelled, "She’s got a gun."
Frank, also testifying at the hearing, said he saw Sauer with her arm extended at shoulder level holding a gun to Forgerson’s face.
He said Forgerson went to her car, and Sauer put the gun in her waistpack while holding the pistol handle. "She grabbed the handle and lifted it, but she didn’t point it at me," Frank said.
He said he has an ongoing court case with Sauer and said she had been harassing him and others on his property for months.
Under cross-examination by Deputy Public Defender Heather Wolfenbarger, Forgerson repeatedly said she couldn’t remember when questioned about details of the altercation, including whether she grabbed Sauer’s phone, yelled at her or pushed or hit Sauer back.
Officer Martell Irish testified he arrived at the residence and saw Sauer on the road before he handcuffed her and removed two waistpacks from her. One had the grip of a pistol sticking out, Irish said.
Detective Mark Hada said the .22-caliber derringer handgun was loaded with two bullets. The gun wasn’t registered in Maui County, he said.
When Irish talked with Sauer, "she admitted to having a firearm, knew it was loaded," he said. He said she reported receiving the gun about a month earlier from a man who "felt it was necessary for her protection" because of civil litigation issues with her landlord.
Sauer also told the officer she was standing by the mailbox when she noticed a silver vehicle and took a photo. She said she was walking back to her residence when the vehicle occupant got out and an argument started, Irish said.
He said Sauer reported that the other woman took the cellphone from Sauer’s hand and Sauer wanted the phone back so "she drew the firearm."
Sauer said "her intent wasn’t to fire it, just to threaten her to give back her property," Irish said.
He said Sauer reported there was information on the phone she needed for her civil litigation. She said "that’s one of the reasons she fought so hard," Irish said.
He said Sauer had abrasions on her hands, knees and back and was complaining of pain to the top of her left foot.
Irish said he didn’t notice any injuries on Forgerson, although she testified she suffered swelling and bruising and injury to her eye.
Sauer was arrested without incident and seemed calm, Irish said.
After conferring with other officers at the scene, Irish said they determined that Forgerson would be arrested for robbery.
When officers went to the residence and told Forgerson she would be arrested, "immediately, she stood up, she tried to walk back into the house," Irish said.
"She stiffened up, tried to pull away," Irish said. "That’s when she turned and kneed me in my groin. It did hurt quite a bit."
Police records show Forgerson, 33, was charged with first-degree assault on a police officer, second-degree robbery and resisting arrest. She was released after posting $6,200 bail.
Deputy Prosecutor Lewis Littlepage had objected to defense questions about Forgerson’s arrest, saying it was a "separate felony matter, not part of these proceedings."
He said the testimony showed Sauer acquired and carried an unregistered firearm and threatened the other woman with it.
Wolfenbarger argued that the evidence didn’t support the threatening charge.
"This is not a case of terroristic threatening," Wolfenbarger said. "This is a case of self-defense and defense of property. What’s pretty clear is there was no intent to use deadly force by Ms. Sauer or any force at all."
Judge Kirstin Hamman ruled there was probable cause for the terroristic threatening charge, "although there are conflicting versions of what happened."
While saying Forgerson "did not recall a lot," Hamman said photographic evidence from Frank showed the pistol was in Forgerson’s face.
Littlepage asked for bail to be increased from $6,000 to $25,000 for Sauer.
"This defendant is dangerous," Littlepage said. "She is a threat to the community."
Wolfenbarger asked for Sauer to be released on supervision, saying she has no prior record in the state.
Judge Hamman followed the recommendation of a bail study in releasing Sauer.
She was ordered to have no contact with Forgerson and other witnesses and to not be within 100 yards of the residence on Kaupea Street.