Man in Boone Charged with Going Armed to the Terror of the Public

Boone -- Town of Boone Police report on Tuesday, at around 12:32 AM, the Watauga County 911 Emergency Communications Center received a call about someone displaying a weapon outside of 489 W King Street, specifically at Boone Saloon.

Upon the arrival of the officers, they discovered a man donning a tactical vest and wielding a shotgun. Law enforcement officials successfully subdued the man and apprehended him.

The subsequent inquiry uncovered that Peter Modiene Gabaree, a 59-year-old resident of Lenoir, had previously visited Boone Saloon. Mr. Gabaree was instructed to depart from the establishment. Upon exiting the building, Mr. Gabaree proceeded to his truck and equipped himself with a tactical vest. He also retrieved a shotgun, a handgun, and the corresponding ammo for both firearms. Onlookers witnessed these behaviors and promptly dialed 911.

Mr. Gabaree was charged with the following:
• Going Armed to the Terror of the Public (common law)
• Resisting Officers – NCGS 14-223 (misdemeanor)
Mr. Gabaree was taken before a Watauga County Magistrate where a $10,000 secured bond was set pending a December 20, 2023, in district court.

Appalachian State University Police assisted in Gabaree's arrest.

Editor's Note:* A criminal charge is an accusation, by law, a person accused of a crime is innocent until proven in a court of law.

Terror of the Public: Statute

This is a common law offense. State v. Dawson, 272 N.C. 535, 541-42 (1968); State v. Huntly, 25 N.C. 418, 418 (1843); State v. Staten, 32 N.C. App. 495, 496-97 (1977) (citing Dawson).

Elements

A person guilty of this offense

(1)  arms himself or herself with an unusual and dangerous weapon

(2)  for the purpose of terrifying others and

(3)  goes about on public highways

(4)  in a manner to cause terror to the people.

Punishment

Class 1 misdemeanor. G.S. 14-3(a).