By: Patti Weaver
(Stillwater, Okla.) — A Yale man accused of being a felon in possession of a 9 mm pistol while he was under the influence of liquor has been ordered to appear in court with an attorney on Feb. 3 on a two-count charge filed last week.
Tony Allen Ostroski, 50, who formerly lived in Cushing, remains free on $2,000 bail in the case punishable by a maximum sentence of 10 and one-half years of incarceration plus a $10,500 maximum fine on conviction of both counts.
Ostroski had previously been convicted of assault and robbery/aiding in Windham County, Vermont, according to court documents filed last week.
Ostroski was arrested at his residence at 5:06 pm on Nov. 17, 2020, after a shots fired call, according to an affidavit by Yale Police Officer Ken Moore.
A woman, who reported at 4:37 pm that she heard a gunshot outside, said her boyfriend, Ostroski, “has been threatening to kill himself all day,” the affidavit alleged.
When Yale Police Chief Phillip Kelly and Moore arrived a minute later, no one was outside, the affidavit said.
“At one point I heard Chief Kelly asking someone ‘where is he?’ I came around front and we were told he was inside sleeping,” Moore wrote in his affidavit.
The officers opened the front door and saw Ostroski standing in the living room area, the affidavit said.
After ordering Ostroski outside, they kept asking him where the gun was and he said it was inside by his chair, Moore alleged in his affidavit.
“Chief Kelly retrieved the gun from inside of the house,” the affidavit said.
“I could hear a female stating that Mr. Ostroski was threatening to kill himself and I asked Mr. Ostroski if he wanted to kill himself and he told me no. I asked Mr. Ostroski if he wanted to harm himself, and he said ‘well maybe earlier, but not now,"” Moore alleged in his affidavit.
“I asked Mr. Ostroski if he had fired the gun inside the residence and he told me ‘well, not on purpose,"” Moore alleged in his affidavit.
A woman said, “Mr. Ostroski had pointed the gun at his head and fired one round. I did not see any powder burns on marks on or near his face,” Moore alleged in his affidavit.
The woman said, “Mr. Ostroski had fired the gun earlier in the morning this date. I asked why she didn’t call us earlier. I did not get an answer,” Moore alleged in his affidavit.
“I went back and spoke with Mr. Ostroski again and he told me that he went to clean the gun for his girlfriend, and it went off, but it was pointed at the floor. I asked Mr. Ostroski if he wanted to harm or kill himself and he told me no,” Moore wrote in his affidavit.
“Mr. Ostroski was intoxicated and had at least one felony conviction and was in possession of a loaded firearm,” Moore alleged in his affidavit.
According to court records, in 2009 when Ostroski was living in Cushing, he pleaded guilty to misdemeanor charges of drunk driving, possessing marijuana in his truck and having drug paraphernalia described as a smoking pipe in his vehicle, as well as obstructing Payne County Sheriff’s Deputy Greg Russell and detention officers while being booked into jail by resisting their attempts to handcuff him until he was subdued by a Taser device.
Ostroski was given a one-year suspended sentence except 10 days in jail with orders to have a substance abuse evaluation and an anger resolution class, court records show.