Nicholas Erickson

A 32-year-old Powell man is facing criminal charges after he allegedly swore at, shoved and hit a woman at a convenience store for no apparent reason.

Park County prosecutors have charged Nicholas Erickson with misdemeanor counts of breach of peace and unlawful contact in connection with the Sept. 23 incident at the West Coulter Avenue Pit Stop. He has pleaded not guilty.

In an affidavit included in court records, Powell Police Officer Reece McLain said upon arriving at the Pit Stop, he immediately recognized Erickson from “numerous prior contacts, where he would yell and cuss at people for no apparent reason.” Court records indicate that, although there was a similar incident in May that raised questions about Erickson’s mental health, last month’s altercation was the first time things became physical.

One patron told McLain that as Erickson entered the Pit Stop, he had pushed a woman and yelled, “Get the f— out of my way b—.”

The woman reportedly told McLain she’d been preparing to leave when Erickson shoved her, profanely asked what her problem was and hit her in her chest and face. When other patrons intervened, Erickson began confronting them as well, the officer was told.

For his part, Erickson asserted that the woman had tried to assault him. However, Erickson “could not tell me what was done to him other than the ‘pre-meditated assault’ and freedom of speech,” McLain wrote.

Erickson was arrested at the scene. He’s remained in the Park County Detention Center since then, with bail set at $5,000. In addition to the two new charges, prosecutors are seeking to revoke his probation in two prior cases.

The earliest case, from May, stemmed from Erickson yelling and swearing at a man outside Murdoch’s Ranch & Home Supply; he reportedly asked what the man’s problem was and charged toward his car. The customer said Erickson had similarly yelled at him at a Ralston gas station a week earlier, all without provocation, according to court records. When Powell Police Sgt. Matt McCaslin questioned Erickson inside Murdoch’s in May, he denied being the person they were looking for and became agitated, the affidavit says.

“[Erickson’s] grandfather tried to calm him down, but Nicolas swore at him too and told him, ‘f— you,’” McCaslin wrote.

He continued to swear at his grandfather and police as he was arrested, repeatedly saying that, “It’s called free speech,” according to McCaslin’s account. The officer reported detecting a “strong odor of alcohol” coming from Erickson.

He wound up serving nearly three months in jail — 82 days — and pleaded guilty to breach of peace. Another 30 days of jail time was suspended, as Erickson was released from custody in late July to serve six months of unsupervised probation. Among the conditions were to obey the law and to complete mental health treatment.

Erickson’s defense attorney, Tim Blatt, had raised concerns about his client’s competency during the case, but an evaluator from the Wyoming State Hospital ultimately found Erickson was able to understand the proceedings, said Deputy Park County Prosecuting Attorney Saige Smith.

At the time of his arrest at Murdoch’s, Erickson’s grandparents reportedly told police he has had mental issues dating back to his teenage years; they reportedly told McCaslin they “were hoping that he [Erickson] would now be able to get some help for it.”

However, on Aug. 28, Erickson was re-arrested after failing to pay for a $37.35 meal at Millstone Pizza Company and Brewery. Charging documents say he ordered a burger and three beers and initially tried paying with a debit card that had only 38 cents. Police were called to the restaurant after he told staff he wanted to cover the debt by washing dishes or doing chores.

“I advised Nicholas that the restaurant did not want him to do that and wanted to be paid for his food,” Powell Police Sgt. Paul Sapp wrote in an affidavit.

Erickson said he could go get money, but a Millstone staffer didn’t want to let him leave, fearing he wouldn’t return.

With Erickson “having no way to pay for his meal” — and with police mistakenly believing that he’d violated his probation by drinking alcohol — Sapp placed him under arrest.

Erickson spent four days in jail before pleading guilty to misdemeanor theft. Circuit Court Judge Bruce Waters ordered him to reimburse Millstone the $37.35 for the meal and to pay $520 in court fines and fees. Erickson was then released on six months probation, with another 41 days suspended.

His arrest at the Pit Stop followed less than a month later. A trial on the new charges is tentatively set for Nov. 19.