Cape landlord's trial for assault moves to Perry Co.; tenant evicted

A landlord charged with assault for attempting to use the furnace to drive a complaining tenant out of a Cape Girardeau apartment will be tried in Perry County, a judge ruled Tuesday.

Fred Barnard, 62, of 243 County Road 438, won a change of venue from associate Circuit Judge Scott Thomsen during a hearing in Jackson. A jury trial was set for Jan. 6, assistant Cape Girardeau County prosecutor Julie Hunter said.

Barnard was charged with assaulting Sonda Owens, a tenant in an apartment building at 618 North St. Owens had not paid rent in several months while complaining about a broken refrigerator.

Owens also complained that her stove did not work, she had no hot water and that her air conditioner would not run.

Owens suffers from asthma and high blood pressure. According to a sworn statement filed with the charges, Cape Girardeau police recorded a temperature of 125 degrees in the apartment when they responded to Owens' complaint on Aug. 6. The furnace was pouring heat into the apartment, wrote officer Rob Watson, and did not respond to the thermostat.

Watson wrote in the sworn statement that Barnard refused to come to the apartment building when called about turning off the heat. Barnard responded only after being told he could be charged with assault.

Since that time, Barnard has won a judgment evicting Owens in civil court, and on Sept. 15, associate circuit judge Peter Statler awarded Barnard $1,847 in back rent. The judgment has not been paid.

rkeller@semissourian.com

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