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Trial date set in gun case for SW man
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DARLINGTON - A trial is set for October for a South Wayne man whose alleged reckless use of a gun led to a lock-down of Black Hawk Schools in March 2014.

Theodore A. Bauer III, 37, is charged with felonies in three separate cases stemming from the incident. He is scheduled to go to trial Oct. 29 and 30 on a Class G felony count of domestic abuse-related second-degree recklessly endangering safety. If convicted on that charge, he could face a 10-year prison sentence, $25,000 in fines, or both.

Bauer also faces felony bail jumping charges in two other cases and a Class A misdemeanor count of resisting or obstructing an officer. Both cases will be addressed at a pre-trial conference in August, Judge David Deininger said Wednesday at Bauer's most recent hearing in Lafayette County Circuit Court.

The felony endangerment case against Bauer began with a 911 call from a woman he knows at 10:33 a.m. March 3, 2014. She said he pointed a pistol at her head and threatened her.

The call prompted the Lafayette County Sheriff's Department to put Black Hawk Schools on lock-down as a precautionary measure because the call came from a home near the school.

According to the criminal complaint, the woman heard someone open the door to her house and saw Bauer in the entrance pointing a pistol at her head. He threatened to kill her if she reported the incident, then left, according to the complaint.

Police later arrested Bauer at his home in the 3100 block of Fritzges Road.

Three days later, Bauer signed a $2,500 cash bond that ordered him to live with his parents and not contact the woman, possess firearms, go into bars or liquor stores or possess or consume nonprescription controlled substances.

The bond was amended a few months later to allow Bauer to live at home, though he must remain inside between 7 p.m. and 9 a.m. He was also allowed limited contact with the woman.

Bauer allegedly violated his bond conditions on July 22, when police reported finding him in his car, stuck in the Turtle Creek ditch next to Andrews Road in South Wayne, huffing an air duster product from a can. Police say he refused to shut off the car or hand over his keys and the can.

A struggle ensued before he was eventually tased, arrested and taken to a hospital, according to the police report. Officers noted in the report that tasing had no noticeable effect on Bauer.

The next week, Bauer signed a $10,000 cash bond ordering him not to inhale any substance stored in a pressurized container.

Bauer allegedly violated his bond conditions again Nov. 16 when police investigated a report of a vehicle registered to him that was damaged and in a ditch.

Police followed footprints in the snow from the vehicle to Bauer's residence, where they found him and a woman and administered breathalyzer tests. Bauer's blood-alcohol concentration was reportedly .105 percent.

Police say the woman with Bauer in the November incident was Brandy M. Smithey, 32, rural South Wayne, who allegedly attacked Bauer with an ax less than three months later. Her case is still pending. Bauer is not charged with any crimes in that incident.