Runaway prisoner back in court after capture

October 25, 2005

MARY AMES\Frontiersman reporter

PALMER - A man who skipped out on his date to return to the Mat-Su Pretrial Facility and eluded authorities for a week was in court Monday afternoon.

John P. Smith, 19, of Palmer, faced two misdemeanor charges of violating conditions of release and criminal mischief from his time away from MSPT.

Smith was arrested about 9:30 Friday night at a house on Michelle Lane, off Fairview Loop, according to Greg Wilkinson, spokesman for the troopers. Smith was found with two stolen firearms, a 9mm and a .45 caliber, that had been reported stolen during a Valley burglary earlier that day and had dyed his blond hair black, Wilkinson said. No one has been charged yet with helping Smith in his escape, which would carry a charge of hindering prosecution, but the investigation continues, Wilkinson said.

On Oct. 14, Smith was released to his mother, Christine Ace, of Palmer, to attend his father's memorial service at Butte Community Center. Ace put up a $100,000 unsecured bond for her son's four-and-a-half hour furlough. After the service, shortly before he was to return to MSPT, Smith cut his GPS monitor and took off.

Smith is back in custody, but Ace is out the bond. Superior Court Judge Beverly Cutler ordered the bond forfeited and a collection process to begin, unless Ace requests a hearing in the case. Ace wasn't in court Monday.

The day before his escape, Smith heard from Judge Cutler that he was facing 66 years in jail on just 10 of the charges pending against him. Smith was in court with his attorney, Shelley Chaffin of Anchorage, to change his plea to two counts of first-degree burglary, one count of first-degree robbery, two counts of first-degree vehicle theft, one count of second-degree theft, one count of third-degree weapons misconduct and one count of reckless driving. Smith planned to go to trial on the rest of the charges against him, including kidnapping, first-degree arson, six counts of second-degree theft of firearms and another three counts of first-degree vehicle theft and various other charges.

At the change-of-plea hearing, Smith changed his mind and decided to go to trial on all charges.

Smith was arrested by a Palmer police officer during a traffic stop in September 2004, three months after he turned 18. Most of the charges come from a spree of burglaries and robberies that year. But Smith was no stranger to the criminal justice system.

&#8220I've been dealing with him since he was 13,” Judge Cutler said when hearing the request for bail.

Smith has not been convicted of any crimes as an adult. He has yet to go to trial for the multiple felony charges he racked up after he turned 18.

Ace requested 12 hours of bail for Smith. She needed the time, she told the judge, to take Smith shopping for new clothes at Wal-Mart, to pick up a younger brother and sister at their schools and to visit with family before and after the service.

&#8220We need to go as far as Church Street in Wasilla,” Ace told the court. &#8220And we need to be in Palmer and the Butte.”

Cutler granted compassionate leave for Smith, but reduced the amount of time away from MSPT from 4:30 to 9 p.m. Culter ordered him to be within sight and sound of his mother at all times, to stay away from public places and to not be around firearms, medications or alcohol. Alaska Monitoring Systems fitted Smith with a GPS ankle bracelet and an alcohol-monitoring device.

Cutler explained her action in court Monday. It is illegal under Alaska statute, she said, for a court to order an armed guard to accompany a prisoner who hasn't been sentenced except to take the prisoner to court.

&#8220Every judge has let people out for funerals,” said assistant district attorney Rick Allen. &#8220This escape may have a chilling effect for other people.”

Payne told the court he was ready to proceed to trial, although Chaffin requested postponing trials until January.

Chaffin worried that pretrial publicity, with Smith's photo in newspapers, would mean her client couldn't get a fair trial in Palmer so soon. But the judge disagreed with that premise and ordered one of his trials to begin this week. &#8220The only way to know is to start here in the community and see if we can get a jury,” she said.

Smith is being held in lieu of $50,000 cash bail on each of seven felony counts.