A 40-year-old Eau Claire man is facing multiple charges after telling police he’d grab his gun and handle a situation at his apartment himself.
Andrew J. Flategraff, 1032½ Oxford Eve., was charged Wednesday in Eau Claire County Court with one count each of possession of a firearm while intoxicated, disorderly conduct by use of a dangerous weapon and possession of drug paraphernalia.
During a bail hearing five days earlier, Court Commissioner David Rice ordered a $1,000 signature bond and Flategraff to have no contact with a neighbor or her residence and not to consume or possess any alcohol, enter any bars, taverns or establishments where alcohol is primarily served or sold or use or possess firearms.
According to the criminal complaint:
Eau Claire police received a 911 call at 6:48 p.m. May 2 from a woman reporting the neighbor living above her apartment was stomping his feet loudly and yelling so she and her children could hear him. The neighbor, the woman said, was making comments that were scaring her children and making them cry.
Before calling police, the woman said she attempted to make contact with the neighbor, identified as Flategraff, and he yelled at her and appeared to have blood coming from his mouth. She retreated, went back to her apartment, locked the door and called 911.
Upon arrival, one of the officers reported he and others could hear Flategraff yelling from approximately a half block away. As they approached, Flategraff continued to yell and make comments about his neighbor calling police.
When officers contacted Flategraff, he was belligerent and accused them of not doing their jobs, according to one of the officers.
Flategraff, who appeared to be intoxicated, claimed he had called multiple times about a person downstairs who wasn’t supposed to have contact with his neighbor. He made the most recent call the night before, but officers didn’t respond.
Officers told Flategraff to calm down, according to one of their reports, and he claimed, “No, you are public servants, and you serve me, and you will do what I tell you.”
At one point, Flategraff said if the person who his neighbor wasn’t to have contact with returned to the apartment downstairs, he would grab his .38 and go down and take care of the situation himself. When an officer asked him to clarify his statement, Flategraff was belligerent and said he would defend himself if he needed to before he returned to his apartment and slammed the door.
Two officers then went to the bottom of the stairs, and Flategraff went to a window and began to yell, “Do you hear that?” as he was believed to be loading a gun based on the sound heard by officers.
They directed the residents in the downstairs apartment to go to a back bedroom, drew their firearms and took strategic positions around the stairwell before directing Flategraff out of his residence. He was reluctant to come out, but he eventually did and was placed in handcuffs.
Flategraff later submitted to a preliminary breath test, with a result of 0.13.
While officers looked into his apartment from the open front door, they saw a handgun round and an open bottle of alcohol on the living room floor, along with glass pipes believed to be drug paraphernalia.
Once officers obtained a search warrant, they entered Flategraff’s apartment, where one of them saw a handgun tucked in a chair between the cushion and its magazine and an ammunition round on the floor.
Officers also found pipes, a bong, a green leafy substance inside a bag, a clear plastic tube and a shot glass, a mostly empty whiskey bottle and numerous rounds of loose ammunition.