Order of protection filed by city manager dismissed

POLSON — Last Wednesday afternoon, Justice of the Peace Chuck Wall decided not to renew a restraining order filed by city manager Todd Crossett against local real estate agent Rory Horning. When issuing his verdict, Wall said that based on the evidence presented, he could not find that Crossett was in danger of imminent bodily harm, the standard necessary to award such an order.

Crossett originally filed for the protective order, which banned Horning from being within 1,500 feet of him, his wife or his two children, following a heated city council meeting May 18.

According to Crossett, Horning, who is a regular face at civic events, disrupted the meeting by making a “sarcastic and incendiary remark” aimed at another attendee. Crossett alleged that after the meeting, Horning approached him and made intimidating statements including “if you ever do that again, you’re going to get some of me.”

Following that incident, Crossett was awarded by Wall a temporary order of protection, based on both the alleged threat and what Crossett described as a pattern of verbally abusive behavior at city council meetings.

Both men, their respective attorneys and a number of community members were present at Wednesday afternoon’s hearing in justice court.

Wall first gave the parties an opportunity to negotiate behind closed doors, but when they were unable to reach an understanding, he continued with the proceedings in the courtroom.

First to testify was Crossett. Asked by his attorney whether he is a man liable to jump to conclusions, Crossett responded that he is not. In fact, the city manager added, even while working as a business consultant in Russia in the politically unstable 1990s, he had never perceived a threat such as the one that, he believes, Horning poses to himself and his family.

Under cross-examination by Horning’s attorney, Crossett admitted that Horning had never physically assaulted him, nor had he ever seen him engage in a physical altercation with another meeting attendee. Crossett also admitted that he had never introduced Horning to his wife and children but asserted that “it’s a small town, I’m sure he could figure out who they are.”

The defendant next took the stand to respond to the allegations, including the allegation that he “appears angry” at most city council meetings.

“I’m not angry,” Horning said. “I’m saddened that we’ve lost the relationship between citizens and government.”

When asked about the alleged threat, Horning asserted that Crossett was misquoting him.

“I said: ‘if you ever do that again, you’re not going to like me very much,” Horning said.

After over an hour of court proceedings, Wall issued his decision not to renew the restraining order.

“I understand why you felt scared,” Wall said to Crossett. “But I can’t find that, under the law, you’re in imminent danger of bodily harm.”

Turning to Horning, Wall added, “I’m dismissing this, but with a caveat: you’ve got to control your temper.”

Wishing both men luck, Wall dismissed them as free to go.