A 67-year-old Evanston man faces a felony aggravated assault charge, accused of mowing down a woman standing in a parking space at a Costco store in Salt Lake City.
Frank Mysliwiec was charged with the third-degree felony in the 3rd District Court of Salt Lake City on Tuesday, more than a month after the Jan. 4 incident at the Costco store at 1818 South 300 West.
The altercation started when the alleged victim and her daughter were shopping at the discount warehouse retailer, according to an affidavit of probable cause filed by Salt Lake City Police Officer Eric Martinez.
They had finished shopping and decided the daughter would try to move their vehicle closer to the store to load their items into it, Martinez wrote.
They found an empty space and the mother stood in the stall to save it until her daughter could retrieve their vehicle.
That’s when Mysliwiec saw the open space and wanted to park his truck there but was met by the woman standing in the space to block his way, according to the affidavit.
“A white pickup truck, driven by Frank Mysliwiec, began to pull into the parking stall that JH was waiting in,” Martinez wrote, using initials in reference to the woman. “JH told Mysliwiec that he could not park there.”
That’s when the Evanston, Wyoming, man allegedly hit the gas, hit the woman and injured her, the affidavit states.
“Mysliwiec accelerated, and the truck struck JH, knocking her back and causing her to fall backward and hit her head on another vehicle,” Officer Martinez wrote in his affidavit.
Witnesses And Video
That account was verified by a witness to the altercation, who “reported that Mysliwiec appeared visibly enraged before rapidly accelerating the truck, hitting JH, and causing her to fly backward,” according to the affidavit.
“JH’s daughter also observed the incident and reported that she saw the truck accelerate and hit her mother, causing her to fall back into another vehicle,” the document continues.
That’s different from Mysliwiec’s account. He told a police officer that he had stopped going into the stall, blocked by the woman.
He said that she “placed her hands on the hood of his truck, and he revved the engine, causing JH to fall backward,” the affidavit says.
Martinez also spoke to a passenger in Mysliwiec’s truck who stated that he “pulled forward and JH fell down,” he wrote.
Mysliwiec’s story also doesn’t align with surveillance video of the Costco parking lot, Martinez wrote, which instead seems to verify the details reported by the woman, her daughter, and the other witness.
Another officer “reviewed the surveillance footage of the incident, which shows Mysliwiec pulling into the parking stall and coming to a complete stop with JH in front of the truck,” the affidavit says. “The vehicle remains stopped for several seconds before accelerating forward and striking JH, causing her to be thrown backward.”
If convicted, Mysliwiec could face up to five years in prison and a fine of up to $5,000.
He was arrested and released Jan. 4 under conditions he appear for all required hearings and not commit any other criminal offenses, according to court records. He was formally charged in court on Tuesday.
Attempts to contact Mysliwiec at two cellphones registered in his name were not successful.
Greg Johnson can be reached at greg@cowboystatedaily.com.
