Photo: Mika Seay
A ruling on a petition seeking the dismissal of a no contact order keeping a man away from the woman charged with shooting him in the face should be handed down soon.
The state sees 32-year-old Stephen Damian Loosey as 36-year-old Mika Seay’s victim, and Loosey says he sees himself as a victim of the order keeping the couple apart.
Judge Gordon Webb heard arguments by both sides during a session of Baxter County Circuit Court Thursday. The judge said he had found little case law dealing with issues as laid out in Loosey’s petition and wants to take time to look at the case more thoroughly.
In the petition, Loosey claimed he was shot accidentally while he, his ex-wife and other people sat in a vehicle during the Memorial Day weekend.
He further alleges he never told investigators his ex-wife was responsible for shooting him.
Loosey appeared in court Thursday with his attorney, Ben Burnett.
Burnett told Judge Webb his client “has tried repeatedly” to have the no contact order lifted, but his requests had “fallen on deaf ears.” Loosey does not see himself a victim of the shooting, but “is a victim of a no contact order that keeps two adults from interacting and is disrupting their lives,” his lawyer told the court.
“Seay and Loosey have lived together for a number of years, have a child in common and are now engaged,” Burnett said. “These are two adults who should be able to live their lives the way they want to live them.” At the end of his presentation, Burnett said Loosey wanted to address the court, but withdrew the request because it fell outside the understanding between the parties that Thursday’s hearing would consist of arguments by lawyers, and no witnesses were to be called.
Prosecuting Attorney David Ethredge told Judge Webb the state strongly opposed lifting the no contact order.
He told the court Seay is charged with pulling a pistol and shooting Loosey in the face. After the shooting, Seay, a certified nurse practitioner with a license in force until July 31, 2021 “failed to render any aid. The victim went to the hospital on his own and she went to bed,” the prosecutor said.
Ethredge said the state was, at times, put in the position of protecting people against themselves, and he put Loosey in that category. “We are greatly concerned about Mr. Loosey going back into that situation,” Ethredge told the court.
In his petition, Loosey lists help with medical issues stemming from the shooting as one major reason for wanting the no contact order lifted. He said Seay was in a position to assist him during this period given her medical background.
Loosey also said the couple had a son together, and he wanted to be around the child now in Seay’s care.
The petition for dismissal of the no contact order alleges Loosey was never in fear of Seay and did not believed she would “threaten harm” to him.
According to investigators, Seay and Loosey, though currently divorced, live together.
Court records indicate the relationship has had its ups and downs. In mid-December last year, it was Seay who filed a petition for an order of protection to keep Loosey away from her.
In that petition, she accused him of using a significant number of drugs. Seay also said Loosey would not seek treatment, because he claimed he could not afford to be away from his job for any length of time.
She also alleges Loosey had been violent on occasions, and she and the couple’s young son needed protection, until Loosey could be successfully treated for his drug use and violent outbursts.
On Dec. 17, last year, Loosey filed an answer to the petition in which he basically denied each and every allegation Seay made. He charged she had filed the petition to prevent him from seeing his son during the Christmas holidays
According to court records, a temporary order of protection was issued. It was, however, dismissed at Seay’s requests in June.
In the shooting case, investigators reported a witness described the events leading up to Loosey being wounded. The witness said Loosey turned to apparently say something to Seay, who was setting in the backseat of the vehicle, when she allegedly pulled a small pistol from her waistband and shot him in the face.
During the hearing on the petition to lift the no contact order, Burnett seemed to indicate some of the witness testimony might be due for revision in the near future.
Loosey was first treated at Baxter Regional Medical Center and then flown to a hospital in Springfield.
He is reported to have told investigators he had shot himself by accident.
Seay is free on a $100,000 bond. She is charged with criminal attempt to commit first-degree murder and first-degree domestic battery. She has entered a not guilty plea to the charges against her.
The current schedule in Seay’s case shows her reappearing in Baxter County Circuit Court Nov. 12.
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