Domestic results in felony charge

Wednesday, September 2, 2009

Armed with a 25-caliber pistol, Daniel C. Neikes, 24, of Alton, was arrested for a Class D felony of unlawful use of a weapon on Aug. 21, according to Oregon County Prosecuting Attorney Fred O'Neill's office.

Neikes' girlfriend, Tosha Hollis, reported the incident at 4:50 p.m., Aug. 21 to Deputy Rusty Warren at the Oregon County Sheriff's Department and related events that transpired between her and Neikes the night before.

According to Warren's report, Hollis was at her sister's house when Neikes entered the residence. Hollis said Neikes believed she was cheating on him. He waved a gun around and said he was going to kill her and burn her house down. He then left.

About 8 p.m., Hollis went home and saw smoke coming from the house. "He (Neikes) had taken her clothes and adresser and some other stuff out the back door and set them on fire melting the side of the trailer," Warren wrote in his report. "She (Hollis) said that she got scared and went back to her sister's house for the night."

The next day, Hollis said she went back to the house and Neikes returned to the house while she was there. The two started fighting again. Neikes then left and Hollis started down Broadway Street towards her sister's house when she met Neikes on the road.

Hollis got out of her car and the private domestic dispute became public when Neikes chased Hollis down the road towards Alton's town square with a gun. Neikes yelled at Hollis that the gun was real and that he stole it from Lee Collins' house and he planned on killing her with it. Hollis kept running and said she heard a gunshot. "She said that she heard the bullet wiz through the air," according to Warren's report.

Neikes caught up with Hollis around the Neldons' residence and brought her to the ground. Hollis said he kicked her a few times before Darrell Neldon came out of her house to see what was the matter. Darrell told Warren, later, that she saw what was happening and told Neikes to stop. Neikes then told Darrell to mind her own business. Neikes then walked away.

About an hour after Warren took Hollis' statement, he received a call that Neikes was causing some problems at his mother's house. Warren went over to the house to speak with Neikes about the shooting. When Warren asked him what happened, Neikes cussed at him and told him to leave. Warren noted in his report that Neikes kept his right hand in his right pocket. Warren, suspecting that Neikes might have a gun on him, told him to keep his hands out of his pockets. Neikes continued to cuss and disobey Warren.

"I then asked him (Neikes) if he had any weapons or anything on him," Warren wrote. "That's when he turned his right side away from me with his right hand by his coat pocket in a defensive manner. I then told him to put his hands in the air, and he yelled that he was not going to jail and took off running."

The two ran about 100 yards until Warren took Neikes down to the ground. Neikes was still trying to get away as Warren struggled to put cuffs on him. Resident, Robert Johnson, saw what was going on and assisted Warren in getting the handcuffs on Neikes. Warren then checked Neikes' right coat pocket and found a 25-caliber pistol.

When Deputy Gene Barton pulled up in his patrol vehicle, Neikes was loaded in and transported to the Oregon County Sheriff's Department.

While deputies were booking Neikes, Lee Collins called the sheriff's department to report that his 25-caliber pistol was missing. Collins described the pistol and later went to the sheriff's department to confirm that the pistol was his.

Neikes bonded out Aug. 23 on a $25,000 bond. His court date is scheduled for Sept. 16.

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