During attempted burglary, police say, Algona man assaulted Auburn family

Auburn police say that in the wee hours of June 25, a stranger pushed his way into an Auburn family’s home, assaulted the owner and refused to go, despite the owner’s repeated orders that he “get out of my … house,” and being bashed over the head with a pistol.

On June 29, the King County Prosecuting Attorney’s Office charged Israel Malagon, 21, of Algona with one count of first-degree burglary.

Senior Deputy Prosecuting Attorney Dana E. Cashman asked the judge at the bail-and-conditions-of-release hearing to set bail at $10,000, arguing that Malagon’s release would present a danger to the community.

“This was an absolutely terrifying situation for this family,” Cashman told the court.

Here is what happened, as summed up in court records and in the Certification for Determination of Probable Cause prepared by Officer Michael R. McNabb of the Auburn Police Department.

According to McNabb’s account, shortly before 3 a.m., the homeowner heard a noise outside, but could not see anything amiss when he looked out the window of his second-floor bedroom, so he went downstairs to the front door to investigate.

According to the police account, the man then heard his door handle rattling, and when he opened the door, Malagon, whom he did not know, pushed his way in and immediately assaulted him.

According to the police account, the owner repeatedly shouted at Malagon to get out of his house, and hit him on the left side of his head with the Glock pistol he had in his hand for protection. When this had no effect on Malagon, according to the police account, the man then fired a warning shot into the ceiling.

Still undeterred, police say, Malagon next tried to run up the stairs toward the second floor where the man’s wife and his two sons had been sleeping, but the resident and his older son dragged Malagon down the stairs by the back of his shirt and out the front door while the man’s terrified wife called police.

“[The wife] said while trying to call police, she saw Malagon try to make his way up the stairs,” with her husband [and son] behind and pulling him downstairs. “[She] went to her bedroom window and screamed several times, ‘There’s someone in my house, help, help!’”

According to records, responding police officers found Malagon in the front yard, where the resident and his older son had been holding him until police could get there.

According to the police account, a neighbor had a video camera that faced the outraged family’s front door and it captured not only the moments up to and after Malagon’s intrusion, it also picked up the sound of the homeowner ordering Malagon out of his house, the sound of the warning shot fired into the ceiling and the woman screaming for help out of her window.

“During Israel’s conversation with Officer Peters,” according to the police account, “he admitted that he was drunk. He claimed that he did not want any trouble and just wanted to go home. Israel believed he was at his friend’s apartment” at the Cobble Court apartment complex in Pacific, and told officers he “thought he had permission to stay the night at his friend’s place.”

Cashman had this to say about that defense.

“The defendant claimed he thought he was at a friend’s apartment; however; it should have been obvious to him that that was not the case when he was confronted by [the resident], who had a gun in his hand and shouted at the defendant to get out,” Cashman wrote.

According to the police account, the woman later told officers,”it was the most scared she had ever been in her life.”