Accused robber didn't make it back to jail

Judge gave man charged with kidnapping, theft permission to attend father's funeral

Oct. 16, 2005

MARY AMES\Frontiersman reporter

PALMER - A Wasilla man charged with a kidnapping at gunpoint and a string of burglaries and vehicle thefts in the Valley and Soldotna remained at large Saturday, a day after failing to return to jail from a court-approved trip to the Butte to attend his father's funeral, according to Alaska State Troopers.

Palmer Superior Court Judge Beverly Cutler on Thursday gave John Pearl Smith II, 19, permission to venture outside the jail between 3:30-9 p.m. Friday for the funeral of John Pearl Smith.

Cutler refused a request by Smith's mother, Christine Ace, however, to allow her son 12 hours of freedom so they could buy clothes for him at Wal-Mart and pick up his brother and sister.

&#8221No judge in Alaska would let him have that much freedom, with his history,“ Cutler said at Thursday's hearing, at which Smith was scheduled to - but did not - enter a change of plea. &#8221What does he have to lose if he tries to crawl in a ceiling tile at Wal-Mart? I've been dealing with him since he was 13. The reason for incarceration is the cost of what you've done.“

Cutler settled on Smith being released with monitoring by Alaska Monitoring Systems, including a global-positioning system device.

She ordered Smith not to consume alcohol or medication, not to be in public places, not to be around firearms and required him to be in the custody of his mother at the Butte Community Center from his release at 3:30 p.m. Saturday until his required return to Mat-Su Pre-Trial Facility at 9 p.m.

Despite her expressed misgivings, Cutler did not order any law-enforcement officers to escort Smith to and from the funeral.

Smith reportedly made it to the funeral but then left and, according to Alaska Monitoring Systems, sliced through a rubber ankle monitor about 20 minutes before he was supposed to return to Mat-Su Pre-Trial Facility.

Trooper spokesman Greg Wilkinson on Saturday said troopers had not received any information about where Smith might be, and no reports that he had committed any criminal offenses beyond failing to return to jail as scheduled.

Smith had appeared in court Thursday so his attorney, Shelley Chaffin of Anchorage, could enter a change of plea for her client to two counts of first-degree burglary, one count of first-degree robbery, two counts of first-degree vehicle theft, one count of second-degree theft one count of third-degree weapons misconduct and one count of reckless driving and go to trial on several other charges.

Smith had second thoughts, however, and opted for a trial after Cutler said he could receive a possible sentence of 66 years on the 10 charges against him.

&#8221Don't do anything if you don't know what you're doing,“ Ace told her son, while sitting behind him at Thursday's hearing.

Smith's first trial date was set for Oct. 24.

According to court documents, Smith and two accomplices, Kasey Malay and Yancee McDaniel, waited in William Fuger's home Sept. 13, 2004, for him to get home and, when Fuger arrived, Smith pointed a gun at him and told him to freeze. They allegedly tied up Fuger, put a pillowcase on his head and forced him at gunpoint to give up keys to his safe, money from his wallet, his ATM card and personal identification number.

Fuger's captors grabbed $500 from Fuger's wallet, $2,500 from his safe, $3,500 worth of jewelry, a video camera and three handguns. They drove away in Fuger's 2003 Ford F-250 crew-cab pickup truck, leaving him bound at the wrists with phone cord, fists wrapped in packing tape and feet cinched with a belt.

The fire-gutted Ford was found on the next day on Maud Road near Mud Lake outside Palmer.

Twelve minutes after Fuger reported the robbery to troopers, a security camera at Wells Fargo in Wasilla recorded two people withdrawing money from the ATM. Palmer police investigator Dwayne Shelton, who has had many contacts with Smith over the previous six years, identified one of the men as Smith.

Palmer police arrested Smith, then 18, six days later during a traffic stop. Officer Donna Anthony found a 9mm Witness handgun and several empty bottles of Mike's Hard Lemonade in the car.

The 9mm handgun turned out to be one that was stolen from Fuger.

Before the Fuger robbery, on Aug. 25, Smith and another accomplice allegedly stole a 1999 Oldsmobile Bravada from a Palmer residence, drove it to Soldotna and burglarized a residence there. The loot from that heist included five firearms, two Mag-Lite flashlights and a backpack. On the way back to Palmer, Smith reportedly fell asleep at the wheel and crashed the Bravada.

Smith fled, according to troopers, and his alleged accomplice, Brent LaFave, gave the troopers who responded to the wreck a false name for Smith.

Troopers found several stolen firearms in the back seat of the Bravada that were later linked to burglaries in Soldotna and Wasilla.

On Sept. 16, LaFave told troopers Smith was driving the Bravada and confessed to the Soldotna burglary.

Kasey Malay pleaded no contest Oct. 7, 2004 to charges of kidnapping, first-degree burglary, first-degree robbery, third-degree assault, four counts of second-degree firearm theft, first-degree vehicle theft and one count of criminal mischief.

Yancee McDaniel faced the same charges, but prosecutors dismissed them Oct. 20, 2004.

Troopers say Smith should be considered armed and dangerous and that people should not try to detain him. Anyone who sees Smith is asked to call troopers, 745-2131, or local police.