Jayson Jacoby
The Baker City Herald

Woman told police she grabbed handgun when Mack left room

By Chris Collins


According to court documents, the domestic violence incident that led to the partial closure of Cedar Street and intervention by a tri-county team of police officers began with an argument that started about 12:30 Thursday morning.

More than nine hours later, Dale Myron Patrick Mack, 38, was taken into custody at his home at 3660 Cedar St.

Mack is being held at the Baker County Jail on charges of pointing a firearm at another, fourth-degree assault constituting domestic violence, strangulation, menacing and interfering with a peace officer. He was arraigned Friday afternoon on the charges, all of which are misdemeanors.

According to the affidavit in support of a probable cause arrest filed Thursday in Baker County Circuit Court by Baker City Police, the argument escalated to a physical attack that eventually led to gunshots being fired by the woman involved while she tried to get out of Mack's house.

Police said the argument turned physical and Dale Mack picked the woman up from the couch in the living room "and threw her to the other end of the couch."

He then is accused of trying to strangle the woman. After she fought her way free, police said Mack went into a bedroom and returned with a semi-automatic handgun and an ammunition clip.

When the woman ran down the hallway in an attempt to leave, Mack tackled her and threw her around in the hallway, according to the affidavit. The woman landed on her hands and knees and Mack proceeded to hit her in the face with his fists, according to the affidavit.

The woman then told police that Mack put the barrel of the handgun to the back of her head and yelled at her.

Mack apparently dropped the gun and then walked down the hallway toward a bedroom, police said.

The woman then ran into the living room where she saw the gun lying on the floor. Police said she picked the gun up and as Mack stepped out of the bedroom and walked toward her, she raised the gun and said, "Dale, don't do it."

Police said the woman fired one shot and the bullet hit the floor. She fired a second shot as Mack continued to walk toward her, then dropped the gun in the middle of the living room floor and ran out the front door, the affidavit stated.

Sgt. Kirk McCormick said Friday that the woman drove to her brother's home in Baker City after leaving Mack's home and her brother called police.

There is no indication that Mack shot the gun or that either of the bullets struck anyone, Shirtcliff said Thursday.

When police got to Mack's home at 1:06 a.m. Thursday, he was gone and so was the gun.

Because it appeared that Mack was hiding and could possibly have a gun, McCormick said the decision was made to call the Tri-County Special Assignment Team (SAT), which includes officers from Baker and Union counties.

The team "attempted to hail Dale out of a trailer with a loud, audible announcement numerous times," according to the affidavit.

When Mack did not respond, officers used "flash-bang devices." Mack finally gave himself up and was taken into custody without incident, police said.

Officer Craig Davidson, who wrote the affidavit, said Officer Shannon Regan took Mack to jail. Mack declined to be interviewed at the jail without his lawyer present.

Police said Mack also violated a restraining order in effect on the day he was arrested and has been charged with contempt of court in connection with that incident.

He is being held on $50,000 bail on the contempt charge and must post 10 percent for release or $5,000.

The original restraining order, signed Sept. 26, 2013, by Judge Greg Baxter, was not filed by the woman involved in Thursday's incident. It prohibits Mack from being at the home of the petitioner or talking to her or texting her on a cellphone.

Mack told police the woman had called him and asked him to bring an item to her home on Wednesday.

According to court records, the woman who filed the petition sought a restraining order against Mack because of incidents of physical and verbal abuse that occurred in 2013.

In October, the woman had asked the court to modify the restraining order to make it less restrictive. She was back in court on Monday, Feb. 10, however, asking for the order to be modified again because of the Thursday incident.

McCormick said the restraining order did not prohibit Mack from possessing a firearm. Judge Baxter did not initial that box on the list of requirements Mack was to follow under the restraining order.

Mack has been arrested on charges related to domestic violence before.

In September of 2007, he was charged with fourth-degree assault, strangulation and harassment. The assault and strangulation charges were dropped in a plea agreement with the District Attorney's Office, according to court documents.

Mack pleaded guilty to harassment in that case. Prosecution was deferred for 12 months.

The charge was dismissed after Mack completed 12 months' probation.

Terms of probation called for him to obey all laws, complete an alcohol evaluation and follow all recommendations, to obtain individual counseling and then move toward joint counseling with his victim if both parties agreed, court records state.

Mack is a 1994 Baker High School graduate and serves as a medic in the Oregon National Guard.