Fatal feud highlights law officers’ dilemma

Mat-Su — After a weekend of bloodshed in a Wasilla neighborhood that left two men dead — the apparent culmination of a long-running feud — residents seeking restraining orders against those they perceive as threats may be given more notice.

Both men in the weekend incident, 63-year-old Fred Heilman and Michael Zagars, 49, attempted to get protective orders from one another.

Both were denied.

Their feud ended over the weekend with Heilman allegedly killing Zagars on May 31, then taking his own life after a day-long standoff with Alaska State Troopers. Exact details of what sparked the killing aren’t clear.

The deaths have sparked new concern from those who say they may be in similar situations.

Tom Hannam, who owns Valley Car Rental, claims he’s been terrorized by an individual since January 2007. Hannam said he fears for his life even more after hearing both Heilman and Zagars had asked for restraining orders, only to be denied.

Hannam claims his complaints to police about the man’s harassment go unanswered.

“The cops said they can’t do anything about it,” Hannam said, adding he worries his own situation will lead to a deadly outcome.

Citing the investigation, troopers won’t say how many times, if ever, Heilman and Zagars called police on one another.

Hannam was in court Wednesday petitioning a judge for a restraining order.

Not cut-and-dry

It isn’t that law enforcement refuses to handle problems like the confrontations Zagars and Heilman had that led to last weekend’s deaths, it’s the law that prevents officers from doing so in some cases.

With a myriad of calls daily from people reporting various claims of threats and harassment, law enforcement officials say they have the foggy job of trying to sort through claims, allegations and hearsay.

Wasilla Police Chief Angella Long said the circumstance dictates whether police can take action.

“Any time you’re trying to regulate how people feel it’s really hard because the law doesn’t address emotions,” Long said. “We have to operate under the parameters of the law.”

Cases of feuding neighbors are often some of the most difficult for police because, unless an individual has broken a law, no one can be arrested, she said. The best thing to do is to file for a restraining order with the courts, which will legally bind a person from having certain interactions with the complainant. If a restraining order is violated, then police have cause to make an arrest.

Of course, a restraining order is not the end-all solution to solving disagreements or other problems.

Donn Bennice, CEO of Alaska Family Services Inc., said the organization always recommends some sort of alternative safety planning knowing a protective order — essentially a piece of paper — won’t always stop determined assailants.

“Unfortunately, the perpetrators of these crimes don’t always honor those,” Bennice said about restraining orders.

Having someone to call, a way out of a situation and support from neighbors is helpful, Bennice said. He added that he understands the difficulty troopers have in handling neighborhood feud situations.

“They’re in a no-win situation,” he said of law enforcement. Although it’s rare for neighborhood feuds to escalate to the level of this past weekend, it’s difficult for law enforcement to determine how credible some threats and allegations are.

That’s not to say seeking a protective order isn’t a good idea, Bennice said.

“From a legal standpoint, that puts them [complainants] in the driver’s seat,” Bennice said.

But gaining peace of mind from a restraining order is more complex than simply applying for one, he said, and it’s up to a judge to decide if there is enough reason to issue one.

In Heilman’s and Zagars’ case, petitions for restraining orders were denied because the court found there was insufficient evidence an order was necessary to protect from further stalking, defined by law as knowingly engaging in conduct that places another person in fear of death or physical injury, according to court documents.

Long said many times when a restraining order is issued the parties cool off by the time a court hearing is scheduled, resolving the issue quickly. But, like Heilman and Zagars, not everyone is issued a protective order.

That leaves some residents in a tight spot. Without court protection, it will be up to the parties to resolve their conflicts lawfully. The catch, if a restraining order is not issued, happens when those denied protective order are left with little choice other than calling police again if they feel threatened. What seems like a vicious circle can start again, which is why cases like Heilman’s and Zagar’s pose difficult choices for law enforcement.

“It’s hard to know what to tell people, because you can’t regulate what people think,” Long said.