Even alleged domestic abusers have a legal right to their personal dignity, according to Wallowa County Circuit Court Judge Russell B. West, who ordered the removal of a GPS tracking bracelet from Scott Lee Fouste, 53, of Imnaha River Woods.

Fouste, who was allegedly involved in a May 11 domestic abuse incident which saw the deployment of a dozen sheriff’s office personnel along with a SWAT team from Bend, requested the GPS removal at a Sept. 2 plea hearing. Fouste is facing charges of felony unlawful use of a weapon, fourth-degree assault, two counts of menacing, pointing a firearm at another, unlawful use of a weapon, and physical harassment.

Fouste’s plea hearing turned into something else entirely as he appeared with his third lawyer, William E. Perkinson of Pendleton. Perkinson started the hearing by requesting a continuance of the proceedings to have time to familiarize himself with the case.

Deputy District Attorney Rebecca Frolander said she had received a request from Perkinson to modify Fouste’s release conditions.

Fouste requested permission to visit his mother, who resides in a Walla Walla nursing home, and permission to stay overnight with his father in Pilot Rock or his brother in Walla Walla in conjunction with visiting his mother. Frolander did not object to the modifications as Fouste was wearing the tracking device.

Perkinson then requested the removal of the tracker, citing Fouste’s compliance with the release agreement during the 14 weeks he had worn the device. Perkinson added that Fouste said Community Corrections Officer Kyle Hacker was amenable to the device removal. Frolander confirmed Hacker’s statement, but added the state objected because of Fouste’s new travel requests.

Perkinson added, the GPS device cost Fouste money and infringed on his dignity.

Fouste’s alleged victim appeared, tearfully requesting West to either drop Fouste’s no-contact order that was part of Fouste’s initial release agreement, or at least allow phone contact between the two. She added that she needed Fouste’s help with property repairs and contact would help her supply Fouste’s food and toiletry needs. “I’m hoping this comes to an end soon, and we can get back together as a family,” she said.

Frolander objected to dropping the no-contact agreement, citing the alleged use of firearms in the initial incident and the alleged victim’s statement she would never again call the police.

In West’s ruling, the no-contact order remained in place, but West allowed the removal of the tracking device, calling it “onerous and expensive” to Fouste.