Murder suspect bails out

August 25, 2006

By MARY AMES

Frontiersman

PALMER - A man accused of killing his nephew while both men were highly intoxicated at Alexander Creek in June got out of jail Monday on reduced bail.

Donald Roberts, 67, had been in jail since his arrest by Alaska State Troopers for shooting Earl Roberts with a .30-06 hunting rifle. Roberts was charged with second-degree murder, manslaughter and criminally negligent homicide.

Roberts' proposed third-party custodians had been rejected at a bail hearing in District Court by Magistrate David Zwink. But Superior Court Judge Eric Smith said he remembered Sue and Kenneth Hightower as good third

parties.

&#8220I don't need to hear from the Hightowers,” Smith said. &#8220I appointed them for his brother, and I remember it vividly.”

Zwink also remembered the case of Donald Roberts' brother, Harold Roberts, who shot and killed his son-in-law in March 1999, when both men also were quite drunk.

&#8220It was the same with Harold,” Smith said. &#8220An amazing amount of alcohol in a very dangerous situation.”

Darrel Gardner, Roberts' Anchorage defense attorney, requested the court change Roberts' $50,000 cash-only bail to a 10-percent posting, approve the Hightowers as custodians and grant a 120-day continuance of the trial date.

The Hightowers had removed all alcohol and firearms from their home on Chalet Drive in Palmer, Gardner said, and Donald Roberts had no other history of assault.

&#8220As long as the Hightowers can keep a 67-year-old man from alcohol, he shouldn't be a danger,” he said.

Suzanne Powell, assistant district attorney, said she recognized the court felt no need to speak to the Hightowers, but reminded Judge Smith of Kenneth Hightower's statement that caused Zwink to balk.

&#8220He said, ‘We all drink,' indicating in spite of similar facts in the first murder case, they continue to drink,” Powell said. &#8220I'm not hearing a treatment component in a family with drinking habits not addressing the serious nature of the crime.”

Given Donald Roberts' number of charges for driving under the influence and his statement that he blacked out during the shooting in June, there was a public safety issue, she said.

Judge Smith said Harold Roberts was acquitted on self-defense, with &#8220a lot of odd circumstances about the shooting,” and high-levels of intoxication, again. Smith said he understood Zwink's feelings, considering he didn't know the Hightowers.

&#8220Alcohol is not an option,” Smith said. &#8220When the family gets together, there can be no drinking.”

Judge Smith lowered Roberts' bail from cash only to a bond, approved the Hightowers as third parties and added a condition that Donald Roberts not go anywhere alcohol is served.

&#8220You're limited to restaurants that don't serve alcohol,” he said.

Although the court can't order alcohol-treatment evaluations until after a conviction, Judge Smith suggested it might be a good idea.

Donald Roberts' trial was set for Jan. 29.

Contact Mary Ames at

352-2284 or mary.ames@

frontiersman.com.