(Stillwater, Okla.) — An ex-convict has been jailed on $100,000 bail on charges of choking and pointing a loaded gun at a female roommate, firing the stolen gun inside and outside of his trailer in Stillwater, and being a felon in possession of a gun.
Timothy Lee Weaver, 49, could be incarcerated for 46 years if convicted of a five-count charge on which he was ordered to appear in court on April 7 when he can seek a preliminary hearing.
The woman’s two children, a 7-year-old boy and a 9-year-old girl, were inside the trailer on S. Walnut Street in Stillwater during the incident to which officers were dispatched shortly after midnight on March 14, an affidavit said.
When five police officers arrived, the boy was very upset and difficult to understand; however, the girl remained calm and “she was able to tell me what she saw,” Stillwater Police Officer Eric McKinney wrote in an affidavit.
She said that she and her brother were in their bedrooms sleeping when they were awakened to what sounded like things being broken in the living room, the affidavit said.
She said that when she and her brother came into the living room, she saw Weaver on top of her mother in a recliner with one fist pressing into her throat — choking her, the affidavit alleged.
She said that in his other hand, Weaver had a gun pointed at her mother’s head — “touching her head with the muzzle of the gun,” the affidavit alleged.
The girl said “she told Tim to leave her mom alone, at which time she walked over to Tim, pulled his pony tail and then punched him on his face,” the affidavit alleged.
The girl said that Weaver then got off of her mother and went to his room — while her mother got up and went outside, the affidavit alleged.
The children told the officer that “Tim came out of his room with his handgun and shot the bathroom door. He then went outside and shot the gun again before coming back in,” the affidavit alleged.
The children said that Weaver did not point the gun at them, the affidavit said. The girl said “when the police arrived, Tim went outside and stood on the porch,” the affidavit said.
The girl said she could hear police yelling for him to get on the ground, but “Tim came back inside, closed the front door and locked it at which time he went to his bedroom,” the affidavit alleged.
The girl said she and her little brother “went to the door, unlocked it and ran outside to the police,” the affidavit said. The officer wrote in his affidavit, “I returned the kids to their mother at this time. Neither child was physically injured.”
When the five officers arrived, McKinney said he spent several minutes trying to calm down the woman and her son; her daughter “appeared to be unfazed and was trying to calm down her mother,” the affidavit said.
The woman said “she and her kids are staying with Tim and have lived with him for approximately one month,” the affidavit said. She said “they are only roommates and are not dating or romantically involved,” the affidavit said.
The woman said that she went over to a male friend’s house earlier that night and left her children at home with Weaver, who became jealous when she returned and wanted to know who her male friend was, the affidavit said.
During an argument — with Weaver yelling and cursing at her — he said “he was going to kill her and her kids,” the woman told the officer, according to the affidavit.
The woman said “at one point, Tim pushed her onto the chair, choked her with his hands and then pointed a gun at her,” the affidavit alleged. She said that he also punched her on the side of her face with his fist, the affidavit alleged.
She said that later he got off her, went to his bedroom, “then went outside and shot his handgun before coming back inside,” the affidavit alleged.
The woman then phoned the police and left the trailer, the affidavit said.
When the officers arrived, Weaver was on the porch, but not cooperative, the affidavit said.
“All officers gave Tim numerous verbal commands to get onto the ground and for him to show us his hands. He did not move and only stared at us,” before he walked slowly back into the trailer and closed the door, the affidavit said.
“Since it was believed Tim had a firearm inside and the children were still there, we made our way to the front near the door. Just as we arrived at this position, the door flew open and two small children came outside screaming and crying,” the officer wrote in his affidavit.
“Officer Rager learned that the gun had been stolen and that Tim was a convicted felon. Tim was placed under arrest and transported to SPD where he was jailed,” the affidavit said.
A female friend of the woman arrived and took care of the woman and her children, the affidavit said.
Officer Rager had located the semi-automatic handgun that Weaver had used to threaten the woman and shoot a round outside, the affidavit alleged.
In the bathroom, “I looked on the door for a bullet hole; however I did not see one,” though a small hole was punched in the door which appeared to have been caused by the muzzle end of a handgun, Officer McKinney wrote in his affidavit.
“Officer Rager took pictures of the scene and he also located a shell casing outside, which matched the caliber of the handgun Officer Rager had found inside. He also located a bullet hole in a wooden chair that was in the yard,” of Weaver’s trailer, the affidavit said.
According to state Department of Corrections records, Weaver got out of prison in 2000 after serving a two-year sentence for possession of stolen property in 1982 in Payne County — for which he apparently had originally been given probation.
Weaver also has a 1998 conviction for drug possession in Osage County for which he was given five years of probation, and a 1993 conviction for bail jumping in Craig County for which was given a one-year suspended sentence that was apparently revoked in 1998, DOC records show.
Weaver also has a 1997 conviction in Payne County for being a felon in possession of a gun, for which he was given a one-year sentence, court records show.
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