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Gunshot on New Year's Eve Leads to Charges for Kent Man

All information is according to Kent Police and Portage County court records.

A Kent man has pleaded not guilty to discharging a firearm within city limits on New Year's Eve.

Mitchell S. Waller, 49, of 438 E. School St., pleaded not guilty Jan. 3 to one count of having a weapon while intoxicated, one count of discharging a firearm and two counts of aggravated menacing, all of which are first-degree misdemeanors.

Kent Police Lt. James Prusha said, according to witnesses, a man and woman were walking home near the corner of East School Street and South Lincoln Street when the man stopped to urinate in the street.

Prusha said witnesses reported Waller started yelling at them and waving the gun in the air before firing a shot.

"The shot up was up into the air, and after doing that he pointed the gun toward them," Prusha said.

Police responded to the call of shots fired at about 4 a.m. Jan. 1.

Prusha said officers did not recover a gun but did find a shotgun shell. Officers conducted a gunshot residue test on Waller to determine if he had fired a gun recently, but those test results won't be back for several weeks.

Waller is scheduled for a pretrial hearing on the charges on Feb. 14 in Portage County Municipal Court Judge Barbara Oswick's courtroom.

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Tony January 11, 2013 at 10:24 am
You left the "a" out of weapon in the 2nd paragraph. Not a big deal, simple mistake. It happens to all of us. I figured I'd let you know before all these other miserable people get on here and bash you like crazy for a little error. I'm sure they all spell everything correctly all the time.
Kris Emly January 11, 2013 at 11:56 am
I feel safer just knowing that another intoxicated individual is using his 2nd amendment rights. I nominate him for NRA man of the moment.
Teresa K. January 11, 2013 at 02:23 pm
Did the street urinator get charged?
Resident of Kent January 11, 2013 at 02:39 pm
They brought charges against someone because of drunken eyewitness accounts & a shotgun shell was found ?
Matt Fredmonsky (Editor) January 11, 2013 at 02:42 pm
Not that I'm aware of.
Max Gilliland January 11, 2013 at 08:35 pm
As a life member and responsible gun owner your statement shows the first amendment can be abused also. The law takes care of irresponsible gun owners to bad it not the same with 1st amendment lies!
Matthias P. January 11, 2013 at 09:36 pm
Believe it or not, Shell casings are actually quite rare to find on the ground in a neighborhood. Intoxicated eyewitness account alone would not have been enough, I agree.
David de la Fuente January 12, 2013 at 01:51 am
There is zero abuse of the First Amendment in Kris' statement, and First Amendment lies (called libel) against individuals are punishable when they do documented harm. I'm sorry that doesn't apply to the class of responsible gun owners when people correctly point out the harm that gun-owning yahoos do, but those are the breaks.
I eagerly await Fox News-inspired rants about how maybe we should start banning cars and hammers if we're going to start going after guns.
Teresa K. January 12, 2013 at 04:14 am
I think the street Urinator should be charged: indecent exposure, littering and inducing a panic. The guy with the gun got all frazzled when he saw the Urinator and shot the gun to stop him from peeing.
I also think the Urinator should pay all legal fees and fines for the shooter. Oh, and the Urinator should apologize to Mr. Waller for the trouble he has caused him.
David de la Fuente January 12, 2013 at 08:43 am
Is this a joke? Yeah, damn the man who made the suspect allegedly fire his gun. It's like you think people who own guns have zero self control, so anyone who yanks their chains deserves whatever they get and is responsible for what happens next.
I've read a lot of crazy stuff on comment boards, but this is right there at the top.
Teresa K. January 12, 2013 at 02:53 pm
David: I am not joking. I think the Urinator should be charged. The Shooter didnt fire off a shot til he noticed the Urinator.
Speaking of self control: how do you think the Urinator was doing in that department that night?
David de la Fuente January 12, 2013 at 03:25 pm
I don't really have a problem with charging the Urinator (why are we capitalizing this?), but the difference between peeing in the street and firing off a weapon in response is not close to the same thing, and the first guy in no way can be considered responsible for the shooter's lack of self-control. The difference between their offenses is great because of the damage each can do, the same way that a jaywalker is penalized much less than someone who runs a red light in a one-ton car. But thanks for reiterating your point that gun owners shouldn't be responsible for their own lack of self-discipline.
Mary January 12, 2013 at 03:35 pm
Precisely why people shouldn't be running about with weapons.
"He got all frazzled" and "shot the gun to stop him from peeing" are fantastic reasons to keep morons with guns off the streets. I'm assuming you'll say the guy with the gun was a "law abiding citizen". Law abiding citizen he was not. Just a nut with a gun. Wait, a drunk nut with a gun. Yay!
Note Article
Just a short thought to get the word out quickly about anything in your neighborhood.
Share something with your neighbors. Write a new post... What's up? Make an announcement, speak your mind, or sell something
Chris (Kit) Myers June 19, 2013 at 09:20 am
Yeah, it's tough having to cross railroad tracks on a bike trail provided by the taxpayers for youRead More to use free of charge. I feel your pain...
Matt Fredmonsky (Editor) June 19, 2013 at 01:25 pm
Thanks for the information Gary. Last I was told we can expect it to open this summer.
Mary June 19, 2013 at 05:42 pm
It's looking good. I can't wait!
Linda Davis, founder of Loved Ones of Prisoners, a support group for families.
Sa;;y June 16, 2013 at 05:05 pm
Linda, Kudos! Tough subject to not only approach but create a whole support group. I'm going toRead More pass judgement and say I think you are great!
Sa;;y June 16, 2013 at 04:59 pm
Paula, While I believe there are truly good people out there who have nothing but the bestRead More intentions for others, this story does not shock nor surprise me. I attended meetings with a friend who was court ordered. They couldn't drive and I figured I would sit with them instead of driving back and forth. AA claims not to be a religious sect but all the meetings and steps center around God. Not that I have a problem with God, but some people don't believe. Our courts (Judges) sentence people to attend meetings for DUI. I find this sad and irresponsible. One, it's religion. Two, you are sending alcoholics in to a group of other alcoholics who are not trained to help people with addiction. AA teaches people they are "helpless and powerless". Really? An individual has to find strength from within to fight the addiction. Telling people they are helpless isn't going to help. Alcoholism is usually tied to mental issues or illness. Going into a room and listening to other people's depressing rock bottom stories made me want to leave and go drink. Paradise Club....... hmmmmmmm...... I am not surprised. The only reason these court ordered sessions continue is that it doesn't cost the court any money. DUI's are a money maker for the courts, police and all the attorney's out there. Ah, but that's another story. I hope there is a happy ending for all of those above and others like them who have suffered under the guise of AA.
Amber Rodriguez June 13, 2013 at 12:30 am
I just want to let people know that Dandelion has been found, thank all of you who expressed concernRead More and kept your eyes out for him.
Michelle Fredmonsky-Harvey June 19, 2013 at 10:30 am
SO HAPPY to hear that !!!! :)
Matt Fredmonsky (Editor) June 5, 2013 at 03:25 pm
Does this not qualify? We're also the only news agency to report if he actually had an explosiveRead More device on him or not. Stories similar to what you've asked for almost all appeared last week. http://kent.patch.com/groups/editors-picks/p/man-arrested-after-threatening-to-set-off-bomb-at-kent-state_593fe0c4
Dave June 5, 2013 at 03:35 pm
Maybe it is just the start to a slow summer or a sign that there is nothing interesting going on inRead More Kent. The story you mentioned turned out to be pretty uneventful and more about a guy making false, not real, threats. The two stories that have seen the most face-time have been KRHS's valedictorian and the med helicopter. Maybe highlight achievements and products of local businesses we don't hear about. Run an interesting historical piece. Not trying to be argumentative but rather making a comment that the information provided as of late has been less than interesting.
amelfo June 7, 2013 at 05:39 pm
Matt -- no need to defend yourself. Considerate of you to respond, though.
Matt Fredmonsky (Editor) June 3, 2013 at 05:12 pm
It seems hardly anyone ever waits until the end of the procession to congratulate all the graduatesRead More at once.
lost cat is on the left in the photo
Patricia June 4, 2013 at 12:52 pm
I posted it to FB too, I live on Wolcott and I saw the flyer yesterday on a pole.
janetstavole June 4, 2013 at 11:00 pm
Thanks to everyone who is helping and has helped. Emmie is still missing but it helps to know soRead More many are looking out for her and us. Thanks again! Janet Stavole
janetstavole June 5, 2013 at 08:14 pm
Happy to report my cat was found....in a friends garage across 43 and about one quarter of a mileRead More away. Thanks to all of you who reposted our information on Facebook. Janet Stavole
Sue May 8, 2013 at 01:47 am
The school levy has passed. This is great news for the children of Kent. Thanks to everyone whoRead More voted for the levy.
Jim Williams May 8, 2013 at 02:05 am
Glad to see that 17% of Kent citizens were able to muster the energy to bother voting, and that theRead More majority of those few supported this very important issue. Congrats to the District for making the convincing argument. It's pretty clear that the chorus of "NO" that exists here on Patch is not representative of the majority.
Concerned Citizen May 8, 2013 at 02:58 am
Good voting LD
Teresa K. April 25, 2013 at 11:18 pm
I'm glad the League did their research. Have they ever researched and said: "no, we dont feelRead More the levy is needed?" For most of us, our research need only go as far as our wallets and income. If the schools with their million dollar budgets are feeling the crunch, imagine how average or lower average income homes are struggling. I am very suspect of the excellent w/ distincton rating and the asking of this levy at this time. How were we able to get that kind of incredible rating with NO ADDED FUNDS? Did the teachers wake up last year? Did the kids wake up? How did the school get such superior ratings THAT year and none in previous ones? why such a huge gap in time and ratings? The days of passing every school levy "just because", "we've never said no", "for the kids" or to keep our "property values" are over. The economy took care of that. No matter how you feel about the levy: PLEASE VOTE.
Sa;;y April 25, 2013 at 11:24 pm
I urge my fellow residents to send a message to the school board: The Board needs to face the factRead More of the current economic conditions involving the residents in the Kent city school district and come back with a request for a more reasonable millage. Otherwise, I think the levy will fail. Our city leaders encouraged businesses to come into the new development by granting concessions on taxes. Well, there goes the additional money!
Sue May 7, 2013 at 12:23 pm
Vote YES today for Kent children. Yes on the school levy.