Judge orders Hughson man to trial in domestic violence case involving gun

Inside his Hughson home, Troy Wayne McComak strapped on a tactical vest, holstered a pistol at his hip and picked up a shotgun. Moments later, he shoved his father onto a couch, raised the firearm and, according to prosecutors, pointed it at his head. This was just hours after his wife had testified against him in a domestic violence case.

But to McComak’s father, the incident wasn’t just a burst of rage — it was a breaking point in what he describes as his son’s long struggle with mental illness.

On Tuesday, Stanislaus Superior Court Judge Valli Israels ruled there is enough evidence to send the 40-year-old Hughson man to trial on nine criminal counts, including assault with a firearm, criminal threats, witness intimidation and multiple firearm violations. McComak also faces several firearm-use enhancements and an allegation that he committed the offenses while out on release in a separate pending case.

The decision followed hours of emotional testimony in Stanislaus County Superior Court, specifically from the defendant’s wife and father — both listed as victims in the case. Prosecutors allege McComak violated a domestic violence restraining order, repeatedly threatened to kill his wife if she testified, and turned a gun on his own father in front of multiple children.

McComak sat silently at the defense table, dressed in jail-issued striped uniform. A bailiff had removed his wrist and ankle shackles just before the hearing began. At one point during his wife’s testimony, McComak began to cry. A bailiff quietly handed him a box of tissues.

The May 28 confrontation happened on the same day Kristina McComak took the stand in the earlier case, which dates back to a March 6 incident. That case involved allegations that Troy struck Kristina in the face, then dragged her by the hair to their garage and beat her — leaving her with a swollen jaw, bloody lip and bruises.

Despite the protective order, Troy continued living in the home through April and May. In her testimony Tuesday, Kristina said he made “multiple statements” warning her not to cooperate with authorities.

“He told me if I testified against him and he got out, he would kill me,” she said, adding that he once told her he’d kill any future husband, too. “It made me scared. I was afraid for my life.”

Kristina described a separate incident in April when Troy became angry and retrieved a pistol from a safe they shared. She said he would sometimes “take the pistol out and set it on the bed in front of me,” and during one fight carried the weapon around while threatening a shootout with police.

The violence escalated again on May 28, Kristina testified, after she, Troy and his father, Todd, returned from court.

“He was angry. He stormed into the house,” Todd McComak said. “He geared up. He grabbed his vest and some guns. He snapped.”

Todd followed his son into the bedroom and tried to stay close to him, hoping to deescalate the situation. But as the argument moved into the kitchen and living room — where the couple’s children were present — Troy grew more aggressive.

“He yelled at me to sit down,” Todd testified. “Then he pushed me onto the couch. Then he turned the gun and hit me in the head with the back of it. After that, he pointed it at me.”

Todd said he feared not for himself but for his wife and daughter-in-law. He dialed 911 while Troy’s attention was turned elsewhere — but the defendant grabbed the phone and ended the brief call before handing it back and saying, “Tell them it was an accident.”

Troy McComak fled the home and was arrested days later in Carson City, Nevada. He has remained in custody since.

At the end of Tuesday’s hearing, Judge Israels declined to hold McComak to answer on two charges: one alleging he damaged a communication device, the other involving criminal threats made to Kristina in April. But the court upheld nine others, including four felony counts with firearm-use enhancements.

Outside the courtroom, Deputy District Attorney Ney Montenegro said the testimony strengthened the prosecution’s case and confirmed he plans to offer a plea deal before McComak’s next court date on July 28.

Asked whether he believes McComak still poses a threat, Montenegro replied simply: “Yes.”

He also addressed arguments raised by the defense about the immediacy of the threats McComak allegedly made.

“It doesn’t have to be ‘I’m going to kill you right now,’” Montenegro said. “It can still be an immediate threat even if someone says, ‘When I get out, I’m going to kill you.’”

Public defender Jed Herrington wasn’t immediately available outside the courtroom following the hearing.

Todd McComak, in a separate interview outside the courthouse, spoke candidly about his son’s mental health and what he sees as a failing system.

“We have a problem with mental illness in our county, in our state, in our society,” he said. “We talk about it, but nothing gets done.”

He said his son has struggled for years but is too proud or too unstable to seek help. The court, he said, has no way to require mental health treatment unless a defendant is released — something he believes makes no sense.

“He’s so smart, but he doesn’t recognize the problem,” Todd said. “We were hoping this would help him get help.”

Troy McComak worked as a substitute teacher for the Patterson Joint Unified School District from 2008 through 2010. In 2010, he was charged with multiple felonies, including sexual battery, which was later dismissed. His teaching credential was automatically suspended following the initial charges.

In 2012, McComak ran as an independent candidate for California’s 10th Congressional District, as well as mayor of Patterson. He was unsuccessful in both races.

He most recently owned and operated Patterson Tutoring Services, a business offering educational support to local students, with wife Kristina.

The case returns to court July 28 for arraignment on the formal charges. If convicted on all counts and enhancements, McComak could face decades in prison.

Dean J. Condoleo

The Modesto Bee

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