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Cape Cod man accused of firing high-powered air rifle at tree workers

Man accused of firing air rifle at tree workers on Cape Cod
Man accused of firing air rifle at tree workers on Cape Cod 02:12

BARNSTABLE - A Marstons Mills man is being held without bail following a mental health evaluation, after allegedly firing a high-powered air rifle at a crew trimming trees in his neighborhood Tuesday morning.

Kyle Stacey, 34, who is facing charges of assault and battery with a dangerous weapon, and resisting arrest, had his case continued until next week.

The owner of the tree company, Angel Astudillo, says he and his crew with Cape Home Tree Service, thought Stacey was allegedly firing a real rifle at them, five shots in all he says, that fortunately missed his crew member in the tree by several feet. "When you are face to face with a guy who cares nothing, with a big rifle, you're waiting for something terrible is going to happen," Astudillo told WBZ-TV.

SWAT team, K-9 units respond    

Astudillo's 911 call not only brought Barnstable police to Tanbark Road, but a SWAT team and K-9 units, as they ran for cover behind their trucks worried that they would be fired at again. "As soon as I saw a big rifle, the color of the rifle, I was in shock. I was shaken," said Astudillo.

Air rifle Barnstable
Police said they recovered a Vulcan 3 .30 caliber air gun from Kyle Stacey's home.  Barnstable Police

Police finally took Stacey into custody, but not before they say he refused several commands to surrender. "It seems like he is very angry with us, but they don't have a reason," Astudillo said.

The motive for the shooting is unclear. Police say Stacey has a laundry list of felony convictions including armed robbery. In his home, they say they found several more air guns, projectiles, and cleaning tools.

Angel Astudillo says his men were just doing their job that is now making them all the more cautious. "We've suffered a lot physically and mentally, we're in trauma," he said. He is calling it a blessing day that no one was hurt.

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