Judge approves accused burglar's bail attempt

March 10, 2006

MARY AMES\Frontiersman reporter

PALMER -An accused burglar detained by vigilant neighbors and arrested by Alaska State Troopers narrowly missed being released on bail in District Court March 1, but made bail, with slightly different conditions, in Superior Court on Wednesday.

Casey James Donn, 19, is charged with first-degree burglary, second-degree theft and fourth-degree criminal mischief for allegedly burglarizing a home on Feb. 25. Donn's disclosable juvenile record shows a charge of first-degree burglary for breaking into a home on South Outlet View Drive on Nov. 29, 2004, a charge that was brought down to attempted burglary in March 2005, when Donn was put on probation.

At Donn's bail hearing last week, Palmer Assistant Public Defender Diane Foster asked Palmer District Magistrate David Zwink to reduce Donn's bail from $15,000 to $5,000 and approve Dena and Charles Donn, the defendant's parents, as third-party custodians.

Zwink stepped out of court briefly so the state and defense could discuss Donn's juvenile history off the record, allowing both sides to reach an accord. But he came back with his own decision.

&#8220Now I know why these folks look familiar,” Zwink said. &#8220It's because they did this about 11 months ago and they didn't report immediately. There could have been serious repercussions. I'm not going to approve them as third parties.”

At Wednesday's bail hearing before Superior Court Judge Beverly Cutler, however, Donn's private defense attorney, Josh Fannon, requested $15,000 bond, a GPS ankle monitor, a SCRAM and house arrest at Donn's parents' house at Mile 1 Scott Road, although they would not be third-party custodians. Fannon asked that the defendant be allowed to attend Valley Pathways School and work at his parents' business, Palmer Radiator.

Richard Payne, assistant district attorney, said he and Fannon had discussed the release and he assumed the GPS would be an active system, one that would show Donn's location at all times, and Fannon agreed to the stipulation.

Judge Cutler expressed some reservations, saying she knew Donn had a juvenile history and had been in her court before. Cutler amended the release order to stipulate Donn would be on house arrest except for being at Pathways and Valley Radiator on verified school and work schedules.

Payne said he was unaware of any other serious charges on Donn's record, that he knew of no juvenile history.

&#8220The court knows,” Cutler said. &#8220Ask the Donns. I know he's been in here. But the state has to do its own homework, I don't think it should be discussed at this time.”

The judge granted Donn bail, but called Payne and Fannon to the bench and talked with them for about five minutes before releasing them. She told Donn that everything they said was recorded, and that he could get the tape if he wanted to hear what she said.

Donn had been in custody since Alaska State Troopers picked him up in the Meadow Brook subdivision, an area just south of the Palmer-Wasilla Highway and east of Hyer Road that had been hit hard by burglars in recent months. Josh Walker, a homeowner who lost jewelry, financial papers and electronic equipment to burglars in December, watched as two people went door to door offering to shovel driveways that night.

One of the pair was dressed shabbily, Walker said, and the other person was wearing shorts. Neither had shovels with them. They appeared to be casing houses, looking in windows and walking up and down driveways, he said. When he saw Donn leave a neighbor's house, Walker and Frank Anderson chased Donn and held him until troopers arrived about 25 minutes later.

In Zwink's court a week ago, Foster stressed the importance of Donn finishing high school and the reliability of his parents as third-party custodians. &#8220He just has two weeks before he graduates from Pathways,” Foster said. &#8220The school is aware of the charges and willing to work with his parents.”

Assistant District Attorney Jerom Bangerter opposed bail reduction and questioned the Donns about their willingness to turn in their son. &#8220You folks can understand the state's concern,” Bangerter said. &#8220Your love and affection might cloud your judgment about whether you could send your son to jail.”

Donn's parents assured the court that turning their son in if he violated conditions of release wouldn't be a problem.

&#8220I'd leave him in jail except for school,” Charles Donn said. &#8220He only has one and a half credits left to do.”

Jake Boothby, the man whose house was burglarized the night of Donn's arrest, told the court during the hearing before Zwink, that he was also robbed of his security.

&#8220I had just been there [at the house],” Boothby said. &#8220He came in when it looked like someone was home. I often don't answer the door. With a newborn baby in the house, that doesn't sit well. My fiancée has trouble sleeping, and I sleep with a loaded .357 now.”

After Boothby addressed the court, he turned to face the defendant. &#8220If you were that concerned with school, maybe you should have been working at that,” he said. &#8220I'm sorry, but I have no sympathy.”

Contact Mary Ames at

352-2284 or mary.ames@

frontiersman.com.