Credit: Courtesy

Roy Eugene Stephenson Jr., a San Roque man who fired a gun at three teen boys he believed were trespassing on his property, is facing prison time and a lawsuit as he and his attorney argue that during the incident last fall he “strategically” fired a warning shot near the group in self-defense.

At a recent hearing, Judge Jean Dandona ruled 83-year-old Stephenson must answer to felony assault charges, denying a motion from his attorney that the counts be reduced to misdemeanors. The court has also issued a five-year “Gun Violence Restraining Order” against Stephenson, which allowed police to confiscate six firearms from his home after the shooting and prevents him from owning one until 2028.

At around 3:30 p.m. on September 4, a Monday, officers were dispatched to Stevens Park for reports of an “adult male firing a handgun in the area.” They learned from bystanders the teens had been walking along the creek bed, which runs through the park and into the San Roque neighborhood, when Stephenson confronted them from above on a small bridge on his property. 

An argument ensued, after which “Stephenson retrieved a handgun and fired the weapon in the direction of the three subjects in an attempt to scare them away,” the police report states. The park at the time was busy with families and children. Stephenson was arrested and booked in County Jail on multiple felonies, including criminal threats and assault with a deadly weapon. He posted bail the following day.

No further details were released, but a negligence lawsuit filed by the teens’ families claims “Stephenson pointed his gun at John Doe 3’s head, fired and missed, sending Plaintiffs running for their lives.” The lawsuit remains in its early stages with a hearing scheduled for later next month.

In her unsuccessful effort to reduce Stephenson’s criminal charges, defense attorney Anne Hayes argued her client felt “very much scared and concerned” during his confrontation with the teens. “He knew that he could be held liable for the conduct of the minors on his property, but more importantly, he felt physically threatened by their presence,” Hayes said in court documents, claiming the teens used “foul” and “aggressive” language and hurled glass bottles in his direction.

Stephenson has lived at the Canon Drive property for more than 50 years, Hayes said, and is “constantly concerned” about trespassers in “his creek.” Not long ago, she claimed, Stephenson was the victim of a “physical attack” by one. However, she said, he had never previously “used a firearm or other form of violence in these encounters.”

When Stephenson went to retrieve his gun during his standoff with the teens, Hayes continued, he loaded only one round in the chamber and “strategically” fired into the creek bed’s dirt embankment where he “knew that there was no possibility of anyone getting hurt.” 

With Judge Dandona’s ruling upholding the felony charges, Stephenson faces as much as 14 years in state prison if convicted, though it is unlikely he would receive such a lengthy sentence, given his age and lack of criminal history. He has pleaded not guilty and will be back in court April 10.

Civil court records show Stephenson embroiled in a number of small claims actions in recent years. He was also fined $5,000 by the city for refusing to clear his property, located in a high-fire zone, of brush and other debris.



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