Release limits proposed

House, Senate bills inspired by memorial service fugitive

March 7, 2006

MARY AMES\Frontiersman reporter

PALMER - A local man who gained an extra week of freedom from jail by cutting his GPS ankle monitor and ditching his third-party custodian while released for his father's memorial service was arraigned recently on related charges, apparently unaware two new laws might be enacted because of his actions.

Two bills are currently making their way through the Legislature because of the incident that occurred in October, after Palmer Superior Court Judge Beverly Cutler released John Pearl Smith II, 19, to the custody of his mother, Christine Ace, for four hours to attend his father's Oct. 14 memorial service in the Butte.

Ace requested the release the previous day, asking Cutler to give her son 12 hours of leave because she needed to take him shopping for new clothes at Wal-Mart and pick up Smith's brother and sister at school. Ace told Cutler they needed to go as far as Church Road in Wasilla before going out to the Butte Community Center for the service, but the judge refused to give Smith that much freedom.

&#8220No judge in Alaska would let him have that much freedom, with his history,” Cutler said at that hearing. &#8220What does he have to lose if he tries to crawl in a ceiling tile at Wal-Mart?”

Smith didn't crawl through Wal-Mart's ceiling, but while his mother used a bathroom after the memorial service, he reportedly cut the GPS device off his ankle and left the home of a relative they were visiting. Ace told Alaska State Troopers she thought Smith was in the garage for a while before she realized he was on the loose.

The two bills recently introduced in Juneau are intended to end the sort of compassionate release offered to Smith and Ace.

House Bill 329, cosponsored by Rep. Bill Stoltze, R-Mat-Su, and Rep. Bob Lynn, R-Anchorage, states that a defendant who can't make bail before trial should not be allowed temporary leave on less stringent, or softened, bail conditions. The bill also increases the penalty for unlawful evasion from the Class A misdemeanor lodged against Smith, to a Class C felony. Last month, the bill moved to the House Finance Committee, amended to allow temporary releases for the birth of a child or a death in the immediate family, like Smith's situation, but only for defendants facing a misdemeanor or a Class B or C felony.

Senate Bill 216, cosponsored by Sens. Charlie Huggins and Lyda Green, both R-Mat-Su, makes unlawful evasion a misdemeanor for anyone on the run from misdemeanor charges and a felony for someone facing felony charges. The sponsor statement cites the Smith case, including the facts that he was facing multiple felony charges and was found in a house off Fairview Loop a week after his escape in possession of two stolen handguns in a house where the only other person was a child. The sponsors also say three other people escaped while on temporary release in October.

Smith remained silent before Palmer Magistrate David Zwink at his preliminary hearing on charges of violating conditions of release for a felony, fourth-degree criminal mischief and two counts of second-degree theft of firearms, all stemming from his week on the lam. Smith's attorney, Shelley Chaffin, said by telephone that these charges will be rolled into the other charges against Smith in Superior Court as part on a plea agreement with the district attorney's office.

Ace, as third-party custodian, was to remain within sight and sound of Smith while he was out on leave. Ace was charged with misdemeanor contempt for disobeying a lawful order on Dec. 5, but the charge was dismissed on Dec. 15, according to court records. Ace had signed an unsecured $100,000 bond to secure Smith's four-hour leave, records show.

Smith is scheduled for sentencing on multiple felony and misdemeanor charges on Friday before Judge Cutler, according to court records.

Smith pleaded no contest last year to a raft of charges, including kidnapping, vehicle theft, arson, burglary, robbery, firearms theft and weapons misconduct, stemming from the Sept. 13, 2004 robbery at gunpoint of a Valley man, in the man's home.

Palmer police arrested Smith, then 18, six days later during a traffic stop. Officer Donna Anthony found a 9mm Witness handgun and several empty bottles of Mike's Hard Lemonade in the car. The 9mm handgun turned out to be one that was stolen from the robbery victim.

On Aug. 25, 2004, Smith and an accomplice stole a 1999 Oldsmobile Bravada, drove it to Soldotna and burglarized a residence there. The loot from that heist included five firearms, two Mag-Lite flashlights and a backpack.

On the way back, Smith fell asleep at the wheel and crashed the Bravada. Smith fled, according to troopers. Troopers found several stolen firearms in the back seat of the Bravada that were later linked to burglaries in Soldotna and Wasilla.

On Sept. 16, 2004, the accomplice told troopers Smith was driving the Bravada and confessed to the Soldotna burglary.

Contact Mary Ames at 352-2284 or mary.ames@frontiersman.com.