A Milton-Freewater judge who found a man in his home held the burglary suspect at gunpoint until police arrived.

Police arrested 44-year-old Kevin R. Daugherty on investigation of burglary and theft after he allegedly broke into the home of Municipal Judge Sam Tucker.

According to the Umatilla County Sheriff’s Office, Daugherty was in Tucker’s home Thursday when Tucker returned at about 7:30 p.m.

“He came home and interrupted a burglary in progress,” Umatilla County Sheriff Terry Rowan said Monday.

In an interview Tuesday, Tucker said that when he walked into his house, something seemed strange, including seeing a backpack in his bedroom containing bottles of wine and bolt cutters. Tucker added he was about to check the living room when he decided to retrieve a handgun from his closet.

As Tucker began checking the rest of his house, he said he pushed open the bathroom door and saw Daugherty standing there.

“I was yelling ‘Get down! Get down!’” Tucker said. “He was yelling, ‘Don’t shoot! Don’t shoot!’ Eventually he got down.”

Tucker said Daugherty appeared to him to be under the influence of drugs and continued to try to get up and repeatedly saying he was a phone repairman.

While Tucker tried to use his house phone, which Daugherty had apparently disconnected, Daugherty eventually did get to his feet.

“I grabbed him,” Tucker said, adding the pair crashed about the house until he was able to subdue Daugherty again.

Then, while Tucker dashed to retrieve his cellphone, Daugherty attempted to flee.

“It was probably foolish,” Tucker said, “but I’m a pretty good runner.”

While Tucker was again subduing Daugherty in the backyard, Tucker’s son called on the cellphone and Tucker told him to call police.

Tucker then held Daugherty at bay until Weston and Athena police arrived, according to Rowan.

“We’re lucky nobody was hurt or killed in that process,” Tucker said, adding he felt he had to hold Daugherty accountable. “I guess that’s why I ran after him.”

Daugherty was lodged at the Umatilla County Jail on investigation of first-degree burglary, first-degree theft, being a felon in possession of a firearm, menacing, harassment, possession of methamphetamine, first-degree criminal mischief, first-degree trespass and possession of burglary tools.

Bail was set at $100,000.

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