Landlord charged in dispute with tenant

A Cape Girardeau landlord faces misdemeanor assault charges, accused of turning on the heat in a tenant's apartment Aug. 6 during a dispute over unpaid rent and living conditions.

Fred Barnard, 62, of 243 County Road 438 will appear in court Sept. 26 on allegations that he sought to injure Denise Owens, an asthmatic with high blood pressure, by driving the temperature in her apartment above 125 degrees. Owens, of 618 North St., received an eviction notice 10 days after calling Cape Girardeau police to complain about Barnard.

"Basically it was like walking into a sauna," officer Paul Zajicek said Thursday of entering Owens' apartment.

A visitor to Owens' apartment Wednesday found a neat, well-kept dwelling. She was running six fans constantly because the air conditioner doesn't work.

A refrigerator sparked the long-running dispute. Owens said she started complaining about it in October because the door won't close. Food that must stay cold is in the freezer. But she doesn't keep much, she said. The stove won't work.

And she's got plenty of cold water to cool off. But no hot water to bathe in.

Zajicek said he immediately took Owens to his patrol car after he arrived. Another officer arrived with a thermometer, which Zajicek placed on the bathroom floor, about 1-1/2 feet from the radiator, he said.

125 degrees in apartment

He returned to the car to take a report, then checked the thermometer, which was pushing against its maximum reading of 125 degrees.

Barnard refused to come to the apartment building when officer Rob Watson called to ask him to turn off the heat. "Sir, are you aware that you are interfering in a private matter?" Barnard replied, according to an affidavit filed by Watson.

After officers consulted with prosecutor Morley Swingle, they called Barnard back, Zajicek said. He agreed to come turn off the heat after officers told him charges could be filed.

"He maliciously turned the heat up to harass her," Zajicek said.

Owens lost her job in June and hasn't paid rent since, she said.

The heat went on after Barnard demanded money and Owens refused to pay her rent until repairs were made, Watson's affidavit said.

After the first hearing Thursday on his eviction complaint against Owens, Barnard denied turning up the heat.

"I didn't do it," Barnard said. "It didn't happen."

Barnard refused to comment further.

Owens will find out whether she must move well before Barnard must appear in criminal court. Associate circuit judge Peter Statler will hold the trial on the eviction case Sept. 8.

rkeller@semissourian.com

335-6611, extension 126