Struggling to walk on his own, Tony John Tischer arrived at the Clatsop County Jail Wednesday in a wheelchair, four months after being shot in a Hammond home he is alleged to have burglarized more than once.

Tischer, 25, was arraigned in Clatsop County Circuit Court Wednesday on three counts of first-degree burglary. His lawyer entered a not guilty plea on the charges as he attended the arraignment in Judge Philip Nelsons courtroom via closed circuit television from the jail library.

After allegedly being discovered inside the Hammond residence in March, Tischer was shot by the homeowner as police arrived on the scene. He was arrested for burglary twice before at the same location, the second just two days prior.

Looking at the list of Clatsop County Jail inmates at the time of Tischers second arrest, and considering jail overcrowding, Clatsop County District Attorney Joshua Marquis said he recommended Tischer be given a conditional release.

Tischer has been recovering at Legacy Emanuel Medical Center in Portland since March. While being treated for his injuries, a civil commitment was issued, requiring his mental health to be evaluated before returning to Clatsop County.

Mary Ann Murk, Tischer’s attorney, informed the court Wednesday that her client’s mental condition had changed. His mental health has significantly improved since the time of the crime, she said.

The Clatsop County Jails ability to accommodate Tischers physical condition became an issue during the arraignment. Marquis indicated that the jail did not feel they could adequately take care of Tischer while lodged at the jail. They can’t provide the kind of (physical) therapy his doctor believes he needs, Marquis said. However, the district attorney indicated the victim was strongly opposed to Tischer’s release.

Murk reminded the court that the jail is required to provide adequate medical care to inmates such as Tischer.

Nelson ordered that Tischer be held with $50,000 security, but he is likely to be released on the matrix system, which releases inmates because of overcrowding, according to Marquis. An early resolution conference hearing was set for Sept. 9.