Mom denied restraining order, temporary custody of 3-year-old son, so dad pulls gun on her and tries to take child (Medford, Oregon)

Dad CORY ALLEN BREAUX managed to fight off his ex-girlfriend's attempt to get a restraining order and temporary custody of her 3-year-old son. So to show how gracious he was in victory, he pulled a gun on her after Mom was forced to accompany the child to a visitation with the father. Dad also attempted to abduct the child and force him into a car. Several people were injured. Seriously, does this 3-year-old boy need this dad in his life? Puleeze.

http://www.mailtribune.com/apps/pbcs.dll/article?AID=/20090812/NEWS/908120320/-1/NEWSMAP

He allegedly pointed a loaded handgun at his ex-girlfriend and fought with her friend at Medford's Fichtner-Mainwaring Park
August 12, 2009
By Paris Achen
Mail Tribune

A California man who allegedly pointed a loaded handgun at the mother of his 3-year-old son and was entangled in a struggle with the woman's friend Monday at Fichtner-Mainwaring Park has been jailed on assault and endangerment charges, according to Medford police.

Cory Allen Breaux, 33, who had just moved to Oregon from California, was charged with second-degree assault, two counts of recklessly endangering and two counts of pointing a firearm at another. He is in the Jackson County Jail on $1.5 million bail.

He allegedly pointed a loaded gun at his former girlfriend, Calah Trostel, 25, of Medford, at about 4:17 p.m. at the park along Holmes Avenue in southwest Medford just three hours after a Jackson County Circuit Court judge denied Trostel's petition for a restraining order against Breaux and temporary custody of their son.

"I just couldn't believe it," Trostel said. "If I had gotten that restraining order none of this would have happened."

Breaux and Trostel, who was accompanied by relatives and friends, met at the park so that Breaux could visit their 3-year-old son shortly before the fight ensued at about 4:17 p.m., said police Lt. Tim Doney.

Trostel said if she had been granted a restraining order and temporary custody, she could have sent a relative to bring their son for the visit.

Without the restraining order, she said, she had to accompany the toddler. Otherwise, Breaux would have had the legal right to take him from anyone who isn't the boy's mother, she said.

"At some point, he started taking the child to his vehicle," Doney said. Some of Trostel's relatives and friends intervened to stop him, Doney said. Breaux then went to his vehicle and pulled into the South Holly Street parking lot where Trostel, her son, her 11-year-old niece and her 7-year-old nephew were getting into a parked vehicle, Trostel said. Breaux allegedly blocked the vehicle from leaving and pointed a loaded semi-automatic handgun at Trostel, Doney said.

Trostel's friend, Chad Raymond, 24, of Medford, rushed at Breaux and tackled him, Doney said. Breaux struck Raymond in the head several times with the gun before the 24-year-old managed to pull the gun away, Doney said. Two bystanders assisted Raymond in pinning Breaux to the ground until police arrived.

"There were a lot of people in the park, families and groups," Doney said. "It was pretty crazy."
Breaux was treated at Rogue Valley Medical Center for blunt trauma injuries and then taken to jail. Raymond was taken by ambulance to Providence Medford Medical Center, where he was treated and released for head and facial injuries.

Shortly before the incident, Jackson County Circuit Court Judge Tim Barnack at about 1 p.m. Monday denied Trostel's petition for a restraining order and temporary custody after a 12-minute hearing, according to court records.

"The judge said there was no recent abuse in the past six months, and I haven't lived in Oregon for six months," Trostel said. "I looked at him and said, 'No, but there will be (abuse) when he finds me.' "

Trostel said she moved to Oregon on Aug. 5 from Apple Valley, Calif.

Under Oregon law, a judge can't issue a restraining order unless there has been abuse or threat of harm or injury in the past 180 days. To obtain temporary custody, the child must have lived in Oregon for at least six months or the parent seeking custody must show evidence of child abuse, threat of abuse or child neglect by the other parent.

Barnack said he couldn't comment on the details of Trostel's case, but he did say she didn't qualify for a restraining order under Oregon law at the time of the hearing.

"My obligation is to follow the law whether I agree with it or not," Barnack said.