District judge says no to lower bond
While awaiting formal arraignment on assault and threat charges, a Middlesex Township man will continue to be held in Butler County Prison after a bail modification request was denied last week.
During the bond modification, attorney Ashley Cagle painted a picture of Ryan D. Bigler, 30, as a victim and said his bail was denied because the preliminary arraignment judge knew the homeowner, who shot at the man's vehicle.
President Judge Thomas Doerr heard statements by both the defense and the prosecution March 9, before denying the motion March 15.
Bigler is being held in Butler County Prison after bail was denied on charges of felony aggravated assault, trespass, possession with intent to deliver a controlled substance, misdemeanor stalking, possessing a firearm without a license, possessing an instrument of crime, tampering with physical evidence, harassment, loitering and prowling at night, possession of a controlled substance, possession of drug paraphernalia and possession of a small amount of marijuana following a Feb. 17 incident on Spiker Road in Winfield Township,
At Bigler's preliminary arraignment on-call District Judge Wayne Seibel declined to set bail, ruling he was a risk to the community.
Bigler's attorney, Ashley Cagle, said at the preliminary hearing an agreement was made between attorney Fred Rabner, who also represents Bigler, and assistant district attorney Russell Karl that Bigler would be released on house arrest with electronic monitoring pending the outcome of the case.
However, Magisterial District Judge Lewis Stoughton denied that request at the preliminary hearing.
Cagle argued that Stoughton knew the victim, and therefore bail was denied.
Stoughton said March 9 that he denied bail because he “thought he (Bigler) was a threat to society.”
Cagle said Bigler has no prior record, is employed as a landscaper and would live with his family in Renfrew if freed from the county facility.
Assistant District Attorney Laura Pitchford opposed the motion, stating that the charges are severe and “nothing has changed since the bond was set.”
Cagle also addressed the allegations, framing Bigler as a victim, saying that Bigler was in a vehicle when he was approached by the victim with a firearm when the “victim felt the vehicle was being used as a weapon.”
She argued, however, that the vehicle was not moving at a high rate of speed, and that is when the victim shot at Bigler, who then crashed into a tree.
“The firearm was then held against Mr. Bigler's head,” she said.
Police said Bigler about 11:30 p.m. appeared at the home of Jeremy and Erica Scruggs. The couple claimed Bigler had been stalking them since mid-January.
During that time, according to court documents, he allegedly sent the couple text messages that included pictures of guns and threatened to harm them.
Jeremy Scruggs told police that when he returned home that night and was backing his pickup truck into his garage, he spotted Bigler's SUV at the end of the driveway.
Moments later the vehicle began to accelerate toward Scruggs.
“Fearing the vehicle would hit him,” according to a police affidavit, “(Scruggs) pulled a gun from his waistband and fired two rounds at the moving vehicle.”
The shots missed and no one was hurt. Bigler stopped and backed up, but his SUV ran into a tree, disabling it.
When the homeowner went into his house to call 911, police said, Bigler left, taking his own handgun and a bag filled with ammunition, women's jewelry, two single-ounce gold squares and reportedly about $19,000 in currency.
Troopers a short time later found him on Star Grille Road, where a homeowner there reported a suspicious man. They also found the bag stuffed with ammunition, cash and other items.
In a nearby creek, police said they found Bigler's 9 mm pistol, which he had hidden. Police subsequently learned that he does not have a concealed carry license for the firearm. They also learned that he had rented the SUV he was driving that night.
During an interview at the barracks, documents said, Bigler admitted going to the victims' home but said he “was fearful when (Scruggs) fired a gun at him.”
A search of the vehicle revealed number of items with an unknown white residue on them, eight Suboxone strips and pills in a plastic bag as well as a gun laser, more ammunition and additional currency.
Pitchford said those issues would be for a jury to decide.
He is scheduled for formal arraignment April 10.
