Shaw Local

News   •   Sports   •   Obituaries   •   eNewspaper   •   Everyday Heroes   •   The Scene   •   175 Years
Ogle County News

Prosecutor: Oregon man may have been staging shootout with police

Alec H. Rutherford

Two more felony charges were levied against an Oregon man Monday, with Ogle County State’s Attorney Mike Rock suggesting he may have been preparing for a potential “shootout” with police before being arrested at his home June 4.

Alec H. Rutherford, 33, was charged June 5 with the Class 1 felony of possessing and intending to use a prescription bottle loaded with buckshot ammunition and gunpowder as an explosive or incendiary device. He was also charged with the Class 4 felony of reckless discharge of a firearm – endangering the “bodily safety of people.”

On Monday afternoon, Rock announced that additional charges of armed violence, a Class X felony, and unlawful use of weapons, a Class 3 felony, were added to the existing felony offenses.

All the charges stem from a Thursday, June 4, incident at Rutherford’s home, where Ogle County sheriff’s deputies, members of the Winnebago County’s bomb squad and officers with the Bureau of Alcohol, Tobacco, Firearms and Explosives responded to a report of gunshots being fired in the rural subdivision. The call prompted police to evacuate some residents from the subdivision that is located 4 miles north of Oregon alongside a public golf course.

Ogle County Sheriff Brian VanVickle said gunshots were reported during the 911 call, with additional gunshots reported while officers were en route around 4 p.m.

When deputies arrived at the scene, Rutherford exited the residence without incident and was taken into custody, VanVickle said. No one else was in the home with Rutherford during the incident, but VanVickle said Rutherford was armed with a loaded pistol and an explosive device when taken into custody.

“Officers on the scene indicated that when he came out, he was in a full camouflage Army uniform,” Rock told Judge Russell Crull on Monday, adding that social media posts also indicated frustration in finding a job, and anger toward police, President Trump, and Israel allies.

Rutherford has been held in the Ogle County Jail since his arrest and appeared in court Monday for a detention hearing, where a judge determines whether to release a defendant from custody as their case proceeds through the court system.

Rock told Crull that Rutherford told police he was frustrated by a variety of issues and had posted earlier on June 4: “I want it to end. I don’t want to worry about the next job ... Death to America. (expletive) cops and (expletive) trump [sic] and his israel [sic] allies.”

Rock said Rutherford was carrying one pistol in his waistband and a prescription bottle loaded with buckshot ammunition, gunpowder and a fuse characterized as an explosive or incendiary device. He said Rutherford told officers that he had a loaded assault rifle inside the front door of the home along with a rifle and another gun and several rounds of ammunition in other areas of the home.

A homemade tire deflation device was also discovered in Rutherford’s vehicle, Rock said, describing it as a cut-up garden hose with nails pierced through the hose to form spikes in every direction.

A loaded shotgun was also found in the backyard, Rock said, adding that Rutherford told officers he had that gun there for “potential deer issues.”

“At least three of the weapons found had been purchased in the past three months,” Rock said. He said officers also discovered a compound that can be mixed with another compound to create an explosive material.

Rutherford told officers he was yelling and shooting “attempting to release his aggression” when the incident occurred, Rock said.

When a neighbor asked him if everything was OK, Rutherford replied “everything’s great,” before firing another round, Rock told Crull.

“The officers who were there that day were concerned that the house, given the proximity of the weapons, where they were spread out, the various items on the defendant’s person, as well as a bomb on his person, that this, when taken in conjunction with the tweet, that the house was being staged for a potential shootout with law enforcement,” Rock said. “That was a concern at the scene.”

Rock said there were no conditions that would ensure the safety of the community and police if Rutherford were to be released from custody.

Assistant Public Defender Eric Morrow said Rutherford had cooperated with police when they arrived at his home and, he said, all of the guns discovered by police had been legally purchased.

“Alec was cooperative and came out of the home voluntarily and was taken into custody without incident. He indicated that he did not want to hurt anyone and was shooting in his backyard down into a garden area,” Morrow said. “There was no indication that he was aiming at anyone and no one else was home.”

He argued for Rutherford’s release, telling Crull he could be released and be ordered to home confinement in the residence where he lives with relatives.

“It’s clear we might have some type of mental health issues here,” said Morrow, adding that Rutherford could also be fitted with an electronic monitoring device if released. “I would also support a condition of a mental health assessment.”

Morrow said Rutherford did not have a criminal history and there was nothing prohibiting him from having firearms.

“Law enforcement has searched the property and everything on the property based on the consent of all the parties, so we know there are no firearms there...they have all been confiscated,” Morrow said.

Rock agreed that Rutherford should be evaluated, but argued that he should remain in custody. He said Rutherford told officers that a broken window in the home was caused by him while he was practicing “clearing the home” for any potential home invasions.

“It does appear there are mental health issues involved here. But part of the difficulty here is that the defendant did say that he does not have any mental health issues,” Rock said, arguing for Rutherford to be held in custody.

Crull denied Morrow’s request for Rutherford’s release.

“You posed a very real and significant threat not only to specific persons but also to law enforcement,” said Crull, who remanded him to the Ogle County Jail.

Rutherford’s next court appearance is 10 a.m. Wednesday.

Class X felonies are punishable by 15 to 30 years in the Illinois Department of Corrections. Class 1 felonies are punishable by 4 to 30 years in prison, Class 3 felonies, 2 to 5 years, and Class 4 felonies 1 to 3 years in prison.

Earleen Hinton

Earleen Hinton - Shaw Local News Network correspondent

Earleen creates content and oversees production of 8 community weeklies. She has worked for Shaw Newspapers since 1985.