The attorney for an Oregon man charged with recklessly firing a gun during an April 7 incident involving two utility workers told an Ogle County judge last week that her client fired the shots into the ground only to “scare off” the men because he thought they might be burglars.

Merle Prascak, 47, was charged by the Ogle County State’s Attorney’s office on April 8 with felony reckless discharge of a firearm following the incident near his home in the 3000 block of Oregon Trail Road, west of Oregon.

The state alleges that Prascak fired a handgun in a reckless manner that “endangered the bodily safety” of two Nicor Gas utility workers who they say were checking a gas line along the road in front of Prascak’s home.

Prascak was initially denied pretrial release by Judge Anthony Peska and remanded to the Ogle County Jail following court appearances on April 10 and 15.

At the April 15 hearing, Prascak, who was still in custody at the jail, waived his right to a preliminary hearing and pleaded not guilty when he appeared in court with his attorney, Rahnesha Williams of Rockford.

Williams argued for Prascak’s pretrial release, saying she had received more information regarding the incident. She was granted a continuance to April 16 to argue for her client’s release.

At the April 16 hearing, held in front of Judge John “Ben” Roe, Williams argued that Prascak should be released because the shots had been fired into the ground from an angle that would have prevented any ricochet.

“This is a very rural area,” Williams argued. “It is not densely populated at all. The possibility of a ricochet is simply not there. This is not in the middle of a downtown area. He shot into the ground…a berm.”

Peska had ruled that firing the gunshots caused a safety hazard due to possibly ricocheting.

Williams argued that Roe could place retrial release conditions on Prascak in order for him to be released from jail as the case proceeds through the court system.

“I do believe there are conditions that your honor can put in place,” Williams said, adding that Prascak was the lawful owner of the gun fired.

Assistant State’s Attorney Allison Huntley argued against Prascak’s release.

She said the two workers were along the road in front of Prascak’s home at 10:45 p.m., checking a gas line, when he threatened to shoot for being on his property.

“They were in uniform with head lamps and reflective green vests,” argued Huntley. “Their vehicle had strobe lights on the roof.”

When Ogle County deputies arrived at the scene, Huntley said Prascak refused to come to the door of his residence and only complied after being called by telephone.

“There was no reply when the deputy knocked,” said Huntley. “He came to the door after they called.”

Huntley said the deputy found a 9mm handgun under papers on a table and empty beer cans scattered in the front yard.

According to the police report, Huntley said Prascak claimed he had fired the shots because he was “frustrated” by burglaries at his home.

“The workers were walking along the road on the gravel shoulder to find the gas line,” Huntley said.

Huntley said Prascak asked the workers who they were and they responded they were working for Nicor and were walking back to their vehicle when they heard three shots fired.

But Williams said Prascak could not understand the workers’s reply. “He didn’t understand what they said,” Williams argued. “He has been robbed multiple times in the past.”

Roe asked if the utility company had given Prascak any advance notice of checking for the gas line.

Huntley said she was not aware of any advance notice given.

“This conduct of a homeowner does not meet the reckless charge of a firearm,” Williams said, again arguing that Prascak had shot into the ground, hitting a berm that he has as part of a gun range. “He was firing into dirt…into the ground.”

“This defendant told the officers that he has done this before,” responded Huntley. “He shoots his gun when people are on his property. He was firing shots to ‘scare’ workers who came to his property?”

Huntley said there was no evidence that Prascak had called 911 to report any burglary and there was no set of court-ordered conditions that could be required to “keep the community safe” if Prascak were to be released from custody.

Williams argued that Prascak was asleep when the 10:45 p.m. incident occurred.

“This is a gentleman who was waking up at that time,” Williams said. “They had no name tags on their uniforms, he couldn’t see the vehicle. My client did not leave his porch.”

Roe ruled that he did not believe the gunshots were fired in the direction of the workers, noting that the incident occurred late at night, and Prascak was in his porch area when the shots were fired.

“Shooting a gun at any point is dangerous,” said Roe. “But considering the totality of everything a ricochet was unlikely.”

Roe agreed to release Prascak with the conditions that he surrender all firearms and weapons and surrender his Firearm Owner’s Identification Card.

Roe also ordered Prascak not to consume or possess alcohol and comply with any tests requested during his pretrial release. And he ordered Prascak not to have any contact with the workers.

“My client has no clue as to who those people are,” replied Williams.

Roe set Prascak’s next court appearance for 1:30 p.m. June 4.

Class 4 felonies are punishable by 1-3 years in the Illinois Department of Corrections followed by six months of mandatory supervised release.