The suspect in a road-rage assault didn’t know the man he threatened was an undercover deputy.
For Sheriff Michael Bouchard, that’s the scary part.
‘He would have thought it was any citizen,? Bouchard said.
In what the Oakland County sheriff called a bizarre situation, John Patrick McKellar yelled at, pointed what looked like a revolver, and tried to force off the highway one of his deputies.
‘Every so often I’m sure we all run across a person who thinks you can’t pass or do what you’re doing because they don’t think you should,? Bouchard said at an Aug. 27 press conference. ‘They become the enforcer.?
McKellar, 22, is charged with fleeing and eluding, a 5-year felony, and misdemeanor assault and battery, for pointing what turned out to be a cap pistol at the deputy. The suspect lives in Grand Blanc.
The law doesn’t allow a felony charge for the threat, although it should, Bouchard said.
‘It can’t be felonious assault if the weapon can’t be fired ? a flaw in the system,? he said.
If he pointed the same cap gun at a convenience-store clerk, he would be charged with felony armed robbery, Bouchard said.
‘I’d like the legislature to allow us to charge felony assault for pointing something the victim believes is an actual threat,? he said.
The difference amounts to days in jail for a misdemeanor versus years in prison on a felony, he said.
‘This is not an individual afraid or shy to disclose weaponry or threaten people for absolutely no reason,? he said. ‘This needs to be addressed by the legislature.?
The incident began about 10:15 a.m., Tuesday, Aug. 26, when the detective sergeant passed McKellar on southbound I-75 near Holly, Bouchard said.
The suspect responded angrily, with obscene gestures, banging on the roof of his car, yelling, and finally reaching for the cap pistol.
‘The suspect came up and pointed directly at him what clearly appears to be a handgun,? Bouchard said, displaying the cap gun, designed to resemble a small revolver.
‘The detective slammed on the brakes and called for assistance.?
Uniformed deputies responded and pursued the suspect off I-75 onto Dixie Highway in north Oakland County, stopping him in a residential area off Dixie. With weapons drawn, deputies arrested McKellar and searched his vehicle.
They found a pit bull dog in the front seat, CO2-powered BB gun, and a real gun, a .22-caliber, scoped rifle. They also found a hunting knife, four loaded magazines for the rifle, and about 220 rounds of .22-rimfire ammunition.
After his arrest, the suspect needed to be restrained with duct tape because he tried to kick his way out of a police car.
‘This person clearly has some issues ? I think the pit bull was calmer,? Bouchard said.
‘His behavior was highly erratic. This is a good reminder to people on the road ? you never know what you’re going to run into.?
Citizens have the right to self defense, but in a similar situation should do what the deputy did ? back off and call for help, he said.
McKellar, whose criminal record includes stalking, resisting police, and drugs, was arraigned in 52-2 District Court. Drugs and alcohol do not seem to be factors in this case, Bouchard said.
The suspect was booked into Oakland County Jail on $100,000 bond.