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County candidate has criminal record By JILL BRISKEY Mail Tribune In 1994, Sams Valley rancher Walt Fitzgerald signed a court document admitting that he chased a Jackson County employee and the man's pregnant wife while holding a metal pipe, and later resisted arrest. Fitzgerald - a Republican candidate for county commissioner position No. 3 - claims the district attorney's office blew the incident out of proportion, but said the 1993 arrest and 1994 conviction prompted him to become a government watchdog. The victim, who now lives and works in Klamath Falls, said he just hopes Fitzgerald has sought anger management counseling. "I was very frightened at the time," said Michael Horton, an animal control officer who transferred to Klamath Falls in 1997. "If I was a resident, I would object to (Fitzgerald running for office) unless he's made some changes in his life." Fitzgerald, 54, was arrested by the sheriff's department following an argument with Horton on his property in September 1993. A police report of the arrest was unavailable. A spokeswoman from the sheriff's department said misdemeanor case records are purged every three years. The deputy who arrested Fitzgerald, John Wayne Chard, died in May 1998 at the age of 55. Horton said he took a temporary position with animal control in 1993 and later became a full-time employee. Horton said that at the time of the incident, he was visiting private residences to collect late dog licensing fees. He said when he arrived at Fitzgerald's home to collect fees for several lapsed dog licenses, Fitzgerald began arguing with him, and later chased him into the street where he retreated to take notes. "He menaced me with a piece of pipe," Horton said. "I had actually thought he was going to fling it and hit my wife." Horton's wife accompanied him on his rounds that day; because he was a temporary employee he said there were no restrictions against it. Fitzgerald claims that Horton came onto his property without identification and was not wearing a uniform, which Horton denied. Fitzgerald said the man never told him he was with Jackson County and began demanding money. Fitzgerald said words were exchanged before Horton drove off, "in a huff." A short time later, Fitzgerald said a deputy showed up and he was arrested. During the conversation with Deputy Chard, Fitzgerald said he turned away to turn on a water spigot; Fitzgerald said he was unaware he was being arrested at that moment. He said the officer charged him and placed him under arrest. Because the police report has been destroyed, official details regarding the resisting arrest charge were unavailable. Although the two men had never met before the incident, Fitzgerald said he believed Horton was jealous because Fitzgerald owned property and Horton did not. Horton said he has no idea why Fitzgerald reacted the way he did, but said many county residents were upset with the county's policy of sending employees out to collect fees. Fitzgerald said the bill was delivered to the wrong address and he wasn't aware it was late. He later paid it. Fitzgerald admitted that he was angry during the incident, but denies chasing Horton, menacing him or resisting arrest. "I was never told I was under arrest," he said. "I was wrong in getting angry, I suppose, but he (Horton) was conducting his job maliciously." Court records show that Fitzgerald pleaded no contest to charges of menacing and resisting arrest following the incident. He was sentenced to 2 years probation, 40 hours of community service and fined $100. A plea of no contest has the same effect as a plea of guilty. "I was so baffled, I just rolled over," Fitzgerald said of his plea. "I just wanted to get it over with." Although Fitzgerald said the incident was the "catalyst" that started his crusade to fight against government intrusion, he did not disclose his arrest during a prior interview with the Mail Tribune, announcing his candidacy. The Mail Tribune researches the backgrounds of all local candidates for political office. Despite the conviction, Fitzgerald said he's positive about the election. He faces candidates Diane Davidson and incumbent Commissioner Ric Holt in the May 21 primary election. "I feel like I was wronged. I truly do. It was an example of out-of-control government," Fitzgerald said. "It's just something that's part of my past. What can I say?" Reach reporter Jill Briskey at 776-4485, or e-mail [email protected] Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.