GREENFIELD – A Franklin County Superior Court judge said he will promptly render a decision on a motion to modify the conditions of release for the Heath man accused of attempting to “hunt down” two men he chased into the woods while intoxicated last year.
Judge John Agostini heard from attorney David Rountree, representing defendant Olin Schwenger-Sartz, and Assistant District Attorney Jennifer Suhl on Thursday afternoon before saying he would take the motion under consideration.
Rountree asked Agostini to permit his client to travel out of state to spend time with his son, to remove a court-order GPS device, and to permit him to visit his properties adjacent to that of one of the named victims. The motion also requests a reduction in the distance Schwenger-Sartz is required to stay away from that named victim, who Rountree said is “basically a next-door neighbor” with whom his client is “former best friends, actually.”
Rountree said Schwenger-Sartz, 37, completed a rehabilitation program in Gardner and has remained sober, being test three times daily. He also said his client has never been convicted of a crime. Suhl acknowledged Schwenger-Sartz has been doing well since December 2020, though a simple relapse could have tragic consequences.
Rountree explained his client was highly intoxicated when the two named victims visited his Rowe Road home and entered his bedroom to check on his well-being. Tension reportedly rose and Schwenger-Sartz chased them out of his house with a gun, firing at them when they ran into the woods to escape after one of the victims reportedly struck Schwenger-Sartz in the head with a stainless steel frying pan in self-defense. Schwenger-Sartz allegedly then got a shotgun and pursued them on an ATV before State Police detained him following a 911 call reporting a firearm assault. He was held following a dangerousness hearing and released on personal recognizance in December to attend rehab. Rountree said his client is “incredibly remorseful for what happened.”
Schwenger-Sartz has pleaded not guilty to two counts of armed assault with intent to murder, improper storage of a large-capacity weapon, possession of a loaded firearm while intoxicated, malicious damage to a motor vehicle, and discharging a firearm within 500 feet of a dwelling.
The defense attorney told Agostini he sat down with one of the named victims shortly after the incident, which the man reportedly said never would have happened if Schwenger-Sartz hadn’t consumed alcohol. Rountree said this victim told him he supports modifying Schwenger-Sartz’s conditions of release and that the two were “like brothers.”
Suhl said Rountree omitted one key piece of information — that, in his bedroom, Schwenger-Sartz pointed a gun at one of the victims’ heads and pulled the trigger, only for the chamber to be empty. Suhl said Schwenger-Sartz would face a murder charge if there had been a projectile in the gun.
Suhl stressed that the defendant “spent 30 to 40 minutes hunting them down” on an ATV.
“The facts are incredibly serious,” she said, adding that the conditions of Schwenger-Sartz’s release are the public’s safety. She also said the girlfriend of one of the named victims witnessed the incident and opposes modifying the conditions because she is in fear of the defendant.
Schwenger-Sartz has a curfew of 9 p.m. to 6 a.m., according to Suhl. She said buccal swabs of the named victims’ mouths are now in a lab and DNA results are expected in early December.
A final pre-trial conference is slated for 2 p.m. on Jan. 12, at which time a trial will be scheduled.
Reach Domenic Poli at: dpoli@recorder.com or 413-772-0261, ext. 262.