2008-10-09 / Front Page

Shives Released From Jail After Bail Lowered

Preliminary hearing conducted last Monday
By Chanin Rotz-Mountz STAFF WRITER

A Big Cove Tannery man accused of shooting at his ex-girlfriend was released from prison last Wednesday after his bail was lowered during a preliminary hearing earlier in the week.

Forty-three-year-old Michael Frederick Shives Sr. appeared in Fulton County Central Court on Monday, September 29, on charges of first-degree criminal attempt murder, aggravated assault, possessing an instrument of crime, simple assault, reckless endangerment and criminal mischief.

During the preliminary hearing held before Magisterial District Judge Wendy Mellott, Shives' bail was lowered from $750,000 to $150,000. Two days later, Shives' posted bail equating to 10 percent or $15,000 and was released from the Franklin County Prison.

Currently awaiting trial, Shives was arrested during the early morning hours on September 18 after state police investigators were alerted by ex-girlfriend Barbara Allen Smith of Warfordsburg that Shives had allegedly fired shots at her along Route 522 in Ayr Township the prior evening. An affidavit of probable cause filed by investigating officer Trooper Richard J. Cutchall elaborates that Smith was driving to the McConnellsburg Sheetz for work when she observed Shives' vehicle behind her. Shives' vehicle pulled along side her northbound vehicle between Webster Mills and Union Church Road. As he passed her, Smith told police, Shives fired two shots from what was believed to be a pistol into the 47-year-old woman's driver's side door.

Shives later informed police he had not meant to harm Smith and was only trying to scare her. A .45 caliber revolver was later recovered in a salvage yard located behind Shives' 1458 East Pittman Road residence.

Although shaken, Smith did not sustain any physical injuries during the incident that occurred between 9:30 p.m. and 10 p.m.

According to court documents, the incident last month was not Shives' first scrape with the law. In December of 1992, Shives was charged by area police with two counts of reckless endangerment and one count each of endangering the welfare of children and simple assault. He was found guilty on all counts.

Return to top