State and defense agree to negotiate possible resolution for Austin Barrett's murder trial

PALMER — State and defense attorneys agreed to negotiate Austin Barrett’s case with the intent to come to a resolution before his trial in April during a status hearing Jan. 22.

Barrett is the last of four suspects to face trial for the assault, kidnapping and subsequent murder of 16-year-old David Grunwald in November of 2016. Erick Almandinger, Dominic Johnson and Bradley Renfro have all been convicted of first-degree murder in the Grunwald trial.

Palmer Judge Gregory Heath recently dismissed Austin Barrett’s grand jury indictment and statements he made during his interview with Alaska State Troopers. Heath ruled that investigating Troopers Lt. Mike Ingram and Sgt. Tony Wegrzyn failed to acknowledge Barrett’s invocation to remain silent when he “pleaded the fifth” toward the beginning of the interview.

Barrett’s defense attorney Craig Howard and Palmer District Attorney Roman Kalytiak agreed the prosecution needs to reindict Barrett by the end of February, should they go that route.

Howard said if Kalytiak decides to reindict, he will have to convene a grand jury by Feb 28. He said that Barrett doesn’t have to be indicted that day but a grand jury must be convened either in Palmer or Fairbanks by then.

“He [Barrett] doesn’t want to go to trial if he can avoid it… He wants to save his family a trial, he wants to save the Grunwalds another trial, especially in Fairbanks,” Howard said.

Howard said he’s hopeful that he and Kalytiak will be able resolve the case before trial.

“Mr. Kalytiak and I are professionals. Hopefully we’ll be able to resolve it. But, you know he’s got a bottom line. I’ve got a bottom line. We’ll see how close we can get,” Howard said.

Kalytiak said that he could have his response filed before or on Feb. 5, with or without a resolution.

“… I think we can have our negotiations, conclude our negotiations and then obviously if there’s a resolution we won’t have to deal with grand jury but if we can’t come to a resolution then I’ll put it [opposition] in writing on or before the fifth of February,” Kalytiak said.

Palmer Judge Jonathan Woodman presided over Barrett’s status hearing in place of Heath. He said those deadlines are set and the state’s opposition (if any) needs to be filed by Feb. 5.

Barrett’s trial week is scheduled to start April 13. Woodman informed Kalytiak and Howard that the Alaska Supreme Court recently ruled that no “pro tem” judges can preside over hearings between March 1 and July 1. A pro tem judge is a temporary judge.

Woodman said that Heath is retired but he retained the Grunwald murder cases. Heath is considered a pro tem judge and wouldn’t be able to preside in April without a specific waiver or exception.

Woodman scheduled another 30-minute status hearing for Feb. 5. He said that Heath will preside over the status hearing if he’s available. If not, Woodman will preside.

Barrett will remain in custody until the state and defense come to an agreement or the state moves to reindict.

Contact Mat-Su Valley Frontiersman reporter Jacob Mann at jacob.mann@frontiersman.com