Tahlequah Daily Press

Local News

June 21, 2012

Two questioned in theft of deputy’s gun

TAHLEQUAH — Two men have been questioned in the theft of an Adair County deputy’s firearm, and local investigators are asking prosecutors to file grand larceny charges against both of them.

According to Cherokee County sheriff’s investigators, Alan Aguayo is a deputy for Adair County who lives in Cherokee County. Aguayo reported his duty weapon stolen May 5, and said it was taken from inside his residence. That day, Aguayo said, two men were at his home installing satellite Internet. One was a contracted employee, and the second was the contractor’s assistant and personal friend.

Aguayo said he noticed the gun missing after the two men finished their installation and left. Investigators talked to both men during phone calls, and they agreed to be interviewed about the missing gun. The contractor told investigators he had nothing to do with the missing gun, and that he’d be willing to help find it.

He told investigators he spent most of the time at Aguayo’s home on the roof, while his friend and assistant was inside the home, running wire and checking the connection.

Investigators say the contractor’s sister, who is an attorney, called a few days later and told them her brother would not be meeting investigators for an interview. She said he’d be willing to submit a written statement.

Aguayo told investigators he had received a call from another one of the man’s sisters, who reportedly told Aguayo she and her sister would be willing to pay for the cost to replace the gun to resolve the situation and avoid a report or investigation by police. Aguayo also said he was contacted by the owner of the company, who offered to pay restitution for the gun.

The contractor’s assistant met investigators for an interview May 10, according to an investigation report. He told them his role was inside the home, and that Aguayo’s wife was monitoring his work. He said there was also another woman in the room while he worked.

The assistant said once the installation was complete, the man he was working with came down from the roof to check the connection and make sure the job was complete. He said nothing seemed unusual after they left the home until he received a call from his friend later that day.

The contractor asked him about Aguayo’s missing gun. The assistant said the contractor was upset and worried he would be in trouble over the missing gun.

On May 11, Cherokee County investigators were again contacted by the contractor’s sister, who said he would be willing to give a statement in writing. Investigators reportedly told her it would be difficult to rule the man out as a suspect without speaking to him. The sister reportedly told police they could make a list of specific details they needed, and her brother could address them in his statement.

Investigators told the contractor’s sister that her brother’s assistant had agreed to take a polygraph test, and that the contractor could help himself by also taking a polygraph and speaking to investigators. The attorney told investigators that her brother would not participate in a polygraph or interview, according to a report.

Investigators were later unable to contact the assistant, who had agreed to take a polygraph.

They eventually located his stepmother, who said she didn’t know where he was, but that she did know he’d been advised by an attorney not to take a polygraph.

Based on the information collected during the investigation, officers are asking that both men be charged with the theft of Aguayo’s duty weapon.

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