No bail reduction for suspect in sexual abuse case

July 18, 2006

By MARY AMES/Frontiersman

PALMER - An Army soldier in jail on charges of sexual abuse of a minor had his mother approved as third-party custodian July 13, but the judge wouldn't budge on bail.

Richard Horton, 32, has been in custody on eight charges of first-degree sexual abuse of a minor and two counts of second-degree sexual abuse of a minor since his arrest in April. Horton is accused of sexually molesting his 12-year-old stepdaughter. Horton's bail was set at $75,000, cash only, at the time of his arrest.

At Horton's April 13 bail hearing, Superior Court Judge Eric Smith approved two of Horton's acquaintances as third-party custodians, but concerned that Horton's ties to the community weren't strong, left his bail as set.

At a fourth bail hearing, Josh Fannon, Horton's defense attorney, addressed Smith's concerns.

Fannon arranged for Horton to be on an active GPS ankle monitor so he could return to work at Fort Richardson, and offered Horton's mother as a third-party custodian.

Donna Zimmerman moved to Alaska from New York and signed a one-year lease on an apartment in Wasilla so she could be her son's custodian, Fannon said.

Rachel Gernat, assistant district attorney, said that while a letter from the Army said Horton was allowed to return to work, his mother couldn't come on base and there was no assurance anyone would know where Horton was while he was on base. &#8220The military says he can come to work, but there's no one to watch over him,” Gernat said. &#8220The letter doesn't address the concerns of public safety.”

Fannon said the GPS monitor could be set for the quadrants of the battalion headquarters building where Horton works, restricting him to that area.

&#8220If the state is so concerned about work, I'll concede that part,” he said. &#8220But defending against these charges are expensive, and he needs income.”

Horton's wife, Deanna Horton, spoke to the court by telephone from out of state. Horton was still drawing his military pay, she said.

&#8220His mom has no control,” Deanna Horton said. &#8220She's afraid of his temper.”

Deanna Horton questioned how the defendant could spend money on bail when he hadn't supported his children.

Horton's bail was consistent with other defendants' bail in similar cases, even though Horton had no criminal history, Gernat said. The court had to balance Horton's right to bail with the public's right to safety, she said.

&#8220It is common for sex offenders to come before the court with no criminal history,” she said.

Judge Smith said the GPS would work, but wanted one of Horton's custodians to drop him off and pick him up at the headquarters building.

&#8220But I'm not going to modify the (bail) amount,” Smith said.

On Tuesday afternoon, Horton remained in custody at Palmer Correctional Center, and has a trial date of Aug. 14.

Contact Mary Ames at

352-2284 or mary.ames@

frontiersman.com.