10/17/2013 9:21:00 PM Teen charged with pointing gun
By Patti Weaver, Journal Correspondent
A Stillwater teenager -- who spent four months in prison boot camp on a raft of felony charges -- has been accused of pointing a gun at a driver in the parking lot of Bill's EZ Out convenience store on Main Street in Cushing.
An arrest warrant was issued Friday for Nicholas Ramone Livingston, 19, who was not in custody on Monday afternoon, a sheriff's spokesman told the Journal.
If convicted of feloniously pointing a firearm on Oct. 8 and doing that while he was on probation in four separate cases, Livingston could be given a 20-year prison term.
Cushing Police Officer Rachel Hentges was sent to the convenience store about 2 p.m. on Oct. 8 on a report that two males "brandished firearms during a confrontation and left southbound on Highland, driving a grey Jeep Grand Cherokee with a paper tag," according to her affidavit.
A Cushing couple told the officer that "they pulled into Bill's EZ Out to confront the driver of a silver Jeep Grand Cherokee who had cut them off in traffic," the affidavit said.
The driver said that he pulled in after the vehicle, confronted the other driver, exchanged heated words with him, and then walked into the store as the other driver left the parking lot, the affidavit said.
"When he returned to his vehicle, the Jeep was parked on the west side of the building," where the driver waved him over, the affidavit said. As the Cushing man walked toward the Jeep -- on the belief the driver intended to apologize -- "he noticed both the driver and the passenger had pistols in their lap," the affidavit alleged.
The Cushing man said "the driver shook his head and said, 'First of all, I don't appreciate you...'" the affidavit said. He said he did not hear the rest of the sentence, since he backed away after seeing the guns, the affidavit alleged.
The Cushing man said "both the driver and the passenger raised their guns and pointed them at him," the affidavit alleged.
The Cushing woman, who was still in their vehicle, said the driver also pointed the pistol at her, the affidavit alleged. The Cushing couple both provided a detailed description of the vehicle and suspect, the affidavit said.
Video surveillance from the store showed the Cushing man approaching the Jeep and exchanging words with the other driver, the affidavit said.
"There is no camera view of the west side of the building and therefore no video of the incident involving the firearms," the affidavit said.
The Jeep passenger, who was a juvenile, and the Jeep owner were later located and interviewed, the affidavit said.
The Jeep owner said he allowed Livingston and the juvenile to use his car, but they returned several minutes later, the affidavit alleged. The Jeep owner said when the juvenile came back into his house, the juvenile was getting his drink and said they were going back to get gas, the affidavit alleged.
When they returned several minutes later, Livingston and the juvenile were acting very nervously, the affidavit said. The Jeep owner said "Livingston left abruptly and said, 'I have to get out of here,'" the affidavit alleged.
Later the juvenile told the Jeep owner "they had gone to get gas and there was an altercation between Livingston and the driver of another vehicle at the store due to an incident on the roadway," the affidavit alleged.
The Jeep owner said that the juvenile said "after the other driver confronted Livingston in the parking lot, Livingston returned to the house and grabbed his guns," the affidavit alleged. The Jeep driver said that the juvenile told him that when they returned to the gas station, "Livingston had a gun in his lap and showed it to the guy who confronted him," the affidavit alleged.
When the juvenile was interviewed by police, he denied any involvement in the alleged assault, the affidavit said.
Ten months before the alleged Oct. 8 incident in Cushing, Livingston had been freed on bond after spending four months in prison boot camp in four separate felony cases, court records show.
A month after he was released from prison, Livingston was placed on five years' probation with an order to pay $2,547 restitution for stealing a television and other electronics from a Stillwater apartment on April 23, 2012. Because he failed to make restitution payments, Livingston has been ordered to appear in court on Nov. 19.
Livingston had also pleaded guilty to possessing a stolen vehicle on May 16, 2012, that was recovered in the Stillwater High School Parking lot. He also pleaded guilty to threatening to kill a Stillwater police detective involved in the case, court records show. For those charges, Livingston was placed on five years' probation and fined $250.
Livingston had also pleaded guilty to concealing a stolen checkbook and 33 stolen compact discs, along with possessing marijuana and drug paraphernalia, all on April 22, 2012. For those charges, Livingston was placed on five years' probation and fined $250.
Livingston had also pleaded guilty to concealing a stolen laptop computer in Stillwater on May 2, 2012, for which he was placed on five years' probation with an order to pay $549 restitution. Because he did not make his restitution payments, Livingston has been ordered to appear in court on Nov. 19.