Driver faces felony charges

PALMER -- An Anchorage man faces two felony counts and a misdemeanor after allegedly shooting at a pickup as it was being driven south near mile 49 of the Parks Highway.

Derek S. Hartman, 21, was charged in Palmer District Court with first-degree misconduct involving weapons, third-degree assault and driving while intoxicated.

He was arrested by Alaska State Troopers on May 24 at 9:26 p.m. after Paul Niskanen and his passenger Tony Spaid reported gunshots being fired at Niskanen's Dodge pickup, including one that struck the driver's side mirror.

Niskanen was taking Spaid to Elmendorf Hospital for treatment of injuries suffered in a four-wheeler accident when trouble began. Niskanen told troopers he tried to pass a Ford Probe driven by Hartman but "the operator kept slowing down, speeding up and hitting his brakes and not allowing him to pass," according to charging documents.

Niskanen said he tried to get past the Ford when the highway widened to include a passing lane. However, Hartman's Ford swerved in front of Niskanen and Hartman hit the brakes, causing Niskanen's truck to rear-end the Ford, troopers said.

"Paul and Tony reported they feared for their lives and immediately called the troopers when the people started shooting at them," according to charging documents.

Hartman and passenger Zack Wilcox were apprehended near Parks Highway and Crusey Street. Hartman, who registered a blood-alcohol content of .096, initially said Wilcox had a pistol in the car but they had not been shooting it. Then Wilcox said he fired the gun because a pickup had rear-ended them, troopers said.

"Zack stated he fired the gun four or five times but was just shooting in the air and was only trying to scare them," Trooper Rick Terry said in his report. "Derek later stated he also fired the weapon but only fired in the air."

Troopers recovered a .40-caliber Smith and Wesson semiautomatic pistol from the Ford. Its 10-bullet magazine was empty, and Terry said another full magazine and box of .40-caliber ammunition containing 35 live rounds also was seized.

Wilcox, 21, of Anchorage, was issued a court summons for first-degree misconduct involving weapons.

Hartman, who works as a waiter, was lodged at Mat-Su Pre-Trial Facility. Bail was set at $6,000.

During a bail hearing Friday, Hartman's grandmother Mary Louise Hartman of Anchorage was approved as his third party custodian pending further court appearances. She told the court Hartman would not be allowed to use her vehicle, and there is no liquor in her home.

"It's his first offense," Mary Hartman said. "He just turned 21, and I think the alcohol fueled him a little bit."

Judge Windahl noted that, as custodian, Hartman would be liable for legal action if her grandson fled and she did not immediately report it. Windahl also urged the defendant not to betray his grandmother's trust.

Hartman, wearing a gold cross outside his yellow jail shirt, promised he would not. "I love her very much," he said.

Conditions of bail require Hartman not to consume alcohol or go into establishments where alcohol is served, and to have no contact with the alleged victims.

He is scheduled to appear June 27 at 2:30 p.m. in District Court for a pre-indictment hearing.