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November 12, 2006
By MARY AMES
Frontiersman
PALMER -A Houston man who police say drove away from them, backed into their cruiser and ended up in a ditch last month was denied release from jail Nov. 8.
Allen W. Walker, 46, faces charges of first-, third- and fourth-degree criminal mischief, third-degree assault, failure to stop at the direction of a police officer, driving under the influence, refusal to submit to a chemical test, leaving the scene of an accident and reckless driving. The bail hearing was the second for Walker since his Oct. 2 arrest by Alaska State Troopers.
Craig Condie, Walker's public defender, asked for his client's release, with the brother of Walker's girlfriend as third-party custodian and Walker's $15,000 cash bail reduced to a bond.
Brian Sexton, the proposed third-party custodian, said he gets his mail in Chugiak, but lives in Houston. Sexton could not recall the name of the street he lived on, he said, until his sister shouted out an address on White Knight Drive from the back of the courtroom. Sexton said he was, “trying to be a truck driver.”
Suzanne Powell, assistant district attorney, said she was confused about the address, since it seemed to be the same address where the original domestic violence call originated. Powell asked what Sexton meant about trying to be a truck driver.
Sexton said that, as soon as Walker gets out of jail, he will return to his job at Tews, and Walker would help Sexton get hired. He lived at the same house as Walker, he said, but he wasn't there the night of Oct. 2. Sexton said he was aware of the allegations against Walker.
“But I don't really know what all happened,” he said.
According to a police report, Walker threw a propane tank through the window of his house, drove away when troopers arrived and led them on a chase in his 1993 Dodge pickup truck. Walker stopped suddenly in the middle of the road and intentionally backed into the trooper vehicle, causing about $5,000 in damage, the report said. Troopers arrested Walker after he sped away and put the truck in a ditch, the report said.
Powell asked Sexton whether he knew Walker admitted breaking the window, admitted knowing troopers were behind him and was trying to elude them because he already had one DUI, and yelled at troopers to shoot him - all after drinking half a bottle of peppermint schnapps.
Powell also asked Sexton if he knew Walker had prior convictions in Texas for felony vehicle theft and weapons misconduct, in Oklahoma for assaulting a police officer, charges of failing to appear for court hearings and an Alaska DUI conviction from 2005.
Sexton said he knew about Walker's previous DUI charge.
“What is the plan here?” Powell said.
The plan was just that Walker needed his help at the cabin, Sexton said.
Powell opposed Walker's release, because with his criminal history, he faces presumptive sentencing, has a history of eluding and he'd stated a reason for “repeatedly” ramming the trooper car.
“He said he knew he ‘was toast on the DUI,'” Powell said. “He needs a reason to stay in Alaska. He needs the strongest third party.”
Sexton wasn't appropriate because he was dependent of the defendant for a place to live and for a job reference, she said, and Sexton clearly was close to his sister, who was involved in the initial call to troopers.
Condie said this case wasn't about domestic violence, and he anticipated the criminal mischief charges would be dismissed.
“This was really just a neighbor reporting Mr. Walker broke a window in his own house,” Condie said.
Powell overstated what Walker did to the trooper car, he said: Walker just backed into it one time.
At the time of the incident, both Walker's girlfriend and a minor child said they were “very scared,” Powell argued.
Superior Court Judge Eric Smith said Walker's bail situation was confusing enough, but Sexton clearly was too close to a witness in the case, and denied Walker's release.
Walker is scheduled for trial Dec. 18.
Contact Mary Ames at 352-2284 or mary.ames@frontiersman.com.