PORT ANGELES — Dan and Mary Davis had decided to get a restraining order against Barry Swegle just before Swegle’s logging bulldozer destroyed three homes, two of them owned by Davis.
Clallam County Superior Court Judge George L. Wood on Friday set Aug. 12 as the trial date for Swegle on nine rampage-related charges, including first-degree assault, and kept Swegle’s bail at $1 million.
Swegle remained jailed Saturday in lieu of the million-dollar bail.
Swegle had angrily spoken to Davis about two hours before the incident. While driving away, Swegle made an obscene gesture toward Davis with his middle finger, Davis said Friday.
Davis, 74, and Swegle, 51, have had a long-running dispute over a property line, authorities have said.
Davis said he called the Clallam County Sheriff’s Office about the confrontation and wanted a deputy to talk to Swegle but was advised that he should seek a restraining order.
According to the Sheriff’s Office’s incident report on the call, Davis called the Sheriff’s Office at 9:47 a.m. Friday, about 1½ hours before Swegle allegedly began his 10- to 15-minute rampage through a square-block area of Gales Addition.
“My wife was going to get a restraining order, but he tore the house down within an hour or two hours maybe [of] when he did that,” Davis said of the Swegle’s alleged angry words and obscene gesture.
Sheriff Bill Benedict said Friday that property line disputes are not under the purview of the Sheriff’s Office.
“Generally, that falls in the area of civil disputes,” he said.
Wood on Friday set 9 a.m. June 14 for a status hearing on the case and 9 a.m. Aug. 12 for the beginning of Swegle’s trial, which is estimated to last up to five days.
Wood also denied a motion by Swegle’s lawyer, Karen Unger of Port Angeles, to lower Swegle’s bail from $1 million.
Swegle has pleaded not guilty to all charges in the bulldozer attack.
Swegle, the owner of several pieces of heavy equipment, has been charged with first-degree assault with a deadly weapon, four counts of first-degree burglary with a deadly weapon — “to wit, a bulldozer” — and four counts of first-degree malicious mischief.
The burglary and assault charges carry maximum sentences of life in prison without parole. The malicious-mischief charges have maximum 10-year sentences.
There were no injuries during the incident, which has received international media attention.
Unger argued that Swegle’s bail should be reduced, saying, “At best, this is a property offense.”
“Realistically, this took place midday, when nobody was in the houses,” Unger added,
Wood disagreed — in no uncertain terms.
“Any person who climbs aboard a big ‘dozer and tears down one house or another . . . if people are inside or not, is a danger to the community, period,” Wood said.
“I think the bail is appropriate, and I’m not going to reduce it.”
Swegle allegedly destroyed three houses, two of which were owned by Davis at 2325 E. Ryan Drive and 309 N. Baker St., and the home of Alaric Bergeson and Rebecca Rand at 2337 E. Pioneer Road, authorities said.
He also allegedly knocked down a power pole, damaged another house at 2313 E. Pioneer Road owned by Barbara Porter, destroyed Davis’ tractor and ran over Davis’ Ford F-250 pickup truck.
According to the arrest report, Davis’ wife, Mary, fled the couple’s home as Swegle began bulldozing it, and Swegle also threatened Dan Davis, cornering him before Davis dodged the bulldozer’s blade and ran.
“Swegle said he got into the bulldozer and pushed the houses back,” the arrest report said.
Said Unger while arguing for a bail reduction: “The allegations, I realize, are serious, but they are property offenses.
“Clearly, if he had any intent to hurt anybody, this could have happened at night when someone was sleeping in the houses.
“There is not any evidence Swegle directed any of his alleged activity against a person,” she said.
Murderers are held on less bail, Unger said.
Troberg responded that Dan Davis “had to run for his life.”
He said Davis’ wife, Mary, “would have been crushed to death by the bulldozer” if her husband had not called her to warn her Swegle was bulldozing his way toward the couple’s home, Troberg said.
Swegle did not have “the slightest concern” that someone could be killed as a result of his actions, Troberg said.
Burglary is unlawful entry with intent to commit a crime — “to wit, malicious mischief,” Troberg said in a later interview.
“In this case, the deadly weapon was the bulldozer,” he added.
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Senior Staff Writer Paul Gottlieb can be reached at 360-452-2345, ext. 5060, or at paul.gottlieb@peninsuladailynews.com.
