Stabbing victim waits as troopers investigate

WASILLA — Alaska State Troopers continue to investigate a May 4 incident in which an 18-year-old admitted stabbing a man during a roadside altercation. Three weeks following the stabbing, no charges have been filed in response to the incident.

Josh Kelsey claims Wasilla resident Justin Lemoine tried to run him over near the corner of Polar Bear and Schrock roads, accusing Kelsey of burglarizing his house. The encounter ended after Lemoine was stabbed in the chest in front of his young daughter, who was riding in the truck with him.

Since the May 4 incident, some Mat-Su Valley residents have expressed concern about what they believe to be an apparent lack of investigation on the part of troopers. That’s not the case, AST Capt. Dennis E. Casanovas said.

“There have been interviews conducted since the event occurred,” Casanovas said, adding troopers aren’t the agency that presses charges. Once troopers finish their report, it will be forwarded to Palmer District Attorney Roman J. Kalytiak, who will decide to either press charges or send the case to a grand jury.

Casanovas said with an incident like the May 4 stabbing, troopers don’t like to make decisions at the scene, but would rather collect evidence and statements to send to the DA for an objective decision.

For Ron McCallion, the head of Wasilla Patrol, a community group that monitors local crime, not at least making an arrest in a violent assault like a stabbing seems suspect.

“It’s crazy you can stab someone and not even be charged,” McCallion said. “You can drop the charges later.”

That’s not the way procedure works, Casanovas said.

“There are a number of things that are taken into consideration as to size of people involved, age of people involved, level of excitement and provocation,” Casanovas said.

That means even if an individual uses what some may consider excessive force on an unarmed person, that may not necessarily be grounds to immediately make an arrest.

One peculiar aspect of an initial news report regarding the stabbing stems from Kelsey claiming to live in a house with 21 other people. When asked if the house is part of AST’s investigation, Casanovas declined to comment.

News of Lemoine’s stabbing went further than the Mat-Su Valley after Bob Lemoine, Justin’s father, heard about the ordeal in Great Falls, Mont.

Bob Lemoine, who said he is a former Palmer police officer and former state trooper, said he understands why charges haven’t been filed yet. He’s more worried about his son.

“[Kelsey] wasn’t justified in using deadly force,” Bob Lemoine said. “Simply shoving someone doesn’t justify you to stab them.”

Casanovas said a determination will need to be made as to who instigated the altercation.

While all that takes place, Justin Lemoine said he and his family are trying to put their lives back together.

“It’s been a life-changing experience for my family and me,” Lemoine said.

He said he is uncomfortable with the process with Kelsey being allowed to remain free while the investigation proceeds.

“I don’t know how somebody can stick a knife in someone and claim self defense and just be released to go home,” Lemoine said.

The lifelong Valley resident plans to sell his house and move elsewhere.

For his part, Kelsey has claimed self-defense in the matter, saying Lemoine broke his cell phone and shoved him.

Casanovas said he’s not aware of any flight risk for the 18-year-old, adding he is unaware of a time limitation for troopers to submit a report to the DA.

Kalytiak is on vacation until June 2 and was unavailable for comment.

For Lemoine, it’s a waiting game. “Since when does stabbing someone — since when did that become OK?”

Contact Michael Rovito at 352-2252 or michael.rovito@frontiersman.com.