Home invasion, assault net man five years

July 11, 2006

By MARY AMES/Frontiersman

PALMER -A man who overpowered a homeowner, knocked him down and choked him in January 2005 was sentenced in Palmer Superior Court July 7.

Daryl R. Pierce, 27, was charged with two counts of first-degree burglary, second-degree assault, third-degree assault, two counts of fourth-degree assault, DUI and refusal to submit to a chemical test on Jan. 20, 2005.

In an earlier plea agreement with the state, Pierce pleaded no contest to third-degree assault, fourth-degree assault and DUI.

Suzanne Powell, assistant district attorney, asked the court to hand down a five-year prison sentence, saying it was necessary to protect the public.

According to court records, Pierce drove into the long, gated driveway of Col. William Reeve Lippincott and his wife, Katherine Thompson, got stuck and went to the door. The first 911 call to Alaska State Troopers from the home was just to report a drunk driver. But the second 911 call was Thompson reporting the assault on her husband, Powell said.

&#8220This was a home invasion,” she said. &#8220He was drunk, pushed his way in, and had Col. Lippincott on the floor with his hands around his neck. The men struggled over a shotgun, and the defendant said, ‘Stop struggling, so I don't have to kill you.'”

Pierce attacked Katherine Thompson, Lippincott's wife, when she went to the aid of her husband, Powell said.

&#8220Had this gone to trial, the jury could have found he intended to kill,” Powell said. &#8220He lied to the troopers. He said it wasn't his truck and he wasn't driving. He had enough intent to form lies.”

Chadwick McGrady, Pierce's defense attorney, said his client was a middle-class man ready to lead a normal life that went wrong that day. Pierce was ready to write a check immediately to make Thompson and Lippincott as whole as possible, McGrady said.

&#8220He had way too much to drink,” McGrady said. &#8220Mr. Pierce sits as a poster child as to bad things from being drunk. He lost his house. He had to move back in with his parents when he got out of jail.”

Other than a reckless driving conviction from 2003, Pierce had no criminal history, and was not a danger to the public, McGrady said.

&#8220This is an odd case,” he said. &#8220He hung out at a brewing company in Wasilla, drove up the colonel's driveway and got hung up. He went crazy. It took two troopers to carry him out because he couldn't stand. It was a trying event for the victims, but Mr. Pierce will always be a convicted felon.”

Thompson told the court the lives of her and her husband were shattered by Pierce's invasion, and she was thankful no one was killed that night. Thompson had to have emergency surgery on her thumb, physical therapy and counseling.

&#8220A year and a half later, I still don't feel safe in my own home,” she said.

Lippincott described their home at the end of a road, usually serene and peaceful. He recalled the moments of the attack, the pain of Pierce's choke hold.

&#8220I knew I was going to die,” he said. &#8220Our lives were changed forever. I thank God no one was killed. I'm glad I don't have to live with that.”

Pierce told the court he wrote a letter of apology to his victims a year and a half ago, and he wanted to say the same things in court.

&#8220I grew up in a good family,” Pierce said. &#8220I tried to do what's right. I'm not the violent type of person they thought I was in the beginning.”

Being out of jail with a third-party custodian meant Pierce couldn't work, and he's always been a good worker, he said. But he was able to take online college courses instead.

&#8220I will never engage in criminal behavior again,” he said.

Judge Smith said the case could easily have been a homicide, and it was clear Pierce was &#8220roaring drunk” when he entered the house. Smith said he wouldn't use the word &#8220odd” to describe the case.

&#8220‘Dangerous' and ‘inexcusable' are more accurate,” Smith said. &#8220The rehabilitation prognosis is really good. But the level of violence that came flying out of you - you need to deal with that.”

Smith sentenced Pierce to five years in prison, with three years and two days to serve, and five years probation. Smith ordered Pierce into custody immediately.

&#8220Mr. Pierce was very drunk and committed very dangerous crimes,” he said.

Contact Mary Ames at

352-2284 or mary.ames@

frontiersman.com.