Provo City Police Department officers took two local men into custody after one allegedly threatened a neighbor walking her dog.
According to the probable cause statements filed in support of the arrests, a woman contacted police after her downstairs neighbor began screaming at her through her vents.
The woman also told police that about an hour before contacting dispatch, a man began screaming and cursing at her from the window of the apartment under her while she was taking her dog out.
About half an hour later, the woman told authorities she heard footsteps outside her door and looked out the peep hole to see the same man standing outside her door. The woman provided a physical description of the man she had seen.
When officers arrived, they knocked on the door of the apartment the man was believed to have come from but did not receive an answer. The officers went to the complainants apartment to speak with her, and while the officers were standing outside, heard a man walk out of the downstairs apartment.
According to arrest documents, the officers heard the distinct sound of a gun racking before a mans voice said, Come knock on my door again. Come see what happens. I got a present for you.
Authorities called for other officers to respond to the area and establish a perimeter. While securing the perimeter, two men, one of which was walking a dog, approached officers.
The two men later identified as 36-year-old Curtis Nathaniel Stewart and 31-year-old Scott Vernon McElderly were walking from the area of the downstairs apartment, and one of the men had a defined bulge in his sweatshirt pocket, according to the probable cause affidavit.
Officers made contact with the men and detained them at gunpoint, placing them in handcuffs.
Authorities searched each man and allegedly discovered a 9-millimeter handgun in Stewarts sweatshirt pocket with a bullet in the chamber and a full magazine inserted in the gun. Officials asserted Stewart did not have a concealed weapons permit at the time of the search.
Stewart was discovered to be the tenant in the apartment below the complainants, and McElderly matched the description the woman had given police.
During an interview, Stewart said he had seen a marked, armed person knocking on the door, but advised officers he did not want to answer any more questions without a lawyer, according to arrest documents. McElderly invoked his fifth amendment right, refusing to be interviewed.
Stewart and McElderly were arrested under suspicion of third-degree felony aggravated assault threat with the show of force or violence necessary to injure and a class A misdemeanor threat of a dangerous weapon in a fight. Stewart also faces an additional potential class A misdemeanor charge for carrying a concealed, loaded firearm.
Both men are being held at the Utah County Jail. McElderly is being held on $7,500 bail, while Stewart is being held on $10,000 bail.
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2 Provo men arrested after alleged altercation with neighbor, police - Daily Herald
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