Judge acquits teen charged in burglary

Published 12:00 am Friday, February 8, 2008

By CHRIS COLLINS

Baker City Herald

Charges have been dropped against one of the eight young people accused of breaking into Flagstaff Sports this summer and stealing more than $1,000 worth of merchandise.

Judge Greg Baxter dismissed charges of second-degree burglary and first-degree theft against Grace Lager, 16, of 1609 Baker St. The judge granted a judgment of acquittal at the conclusion of the state’s case Monday, finding that there was insufficient evidence against Lager to proceed, said Steven Fisher, deputy district attorney, who prosecuted the case.

Of the seven other suspects, six admitted they were involved in the burglaries. Baxter will dismiss the charges against five of those defendants, none of whom has a criminal record, if they complete probation and community service.

Baxter sentenced one other suspect, Dylan Baird, 14, of 2730 Indiana Ave., to five years’ formal probation with the juvenile department on charges of second-degree burglary and second-degree theft. Baird, due to his past criminal history, is not eligible to have the charges from the Flagstaff Sports break-ins erased from his record.

One other defendant, Brendan Winston, 13, of 2045 Clark St., has not yet gone to court. He is set to appear at 8 a.m. Feb. 15 on charges of second-degree burglary and second-degree theft, according to the juvenile department.

Lager was represented by Ken Bardizian, a Baker City attorney.

Tom Lager, Grace’s father, said he is happy about the outcome of the trial, and he asserted that his daughter was not involved in the break-ins.

andquot;I feel fortunate that she got out of this,andquot; he said. andquot;She has fought for her innocence for the past three to four months. The whole time she has denied all of it.andquot;

hirtcliff said the state believed there was enough evidence against Lager to take the matter to trial. Other suspects testified against Lager, but Oregon law requires other evidence to corroborate the testimony of alleged accomplices. Judge Baxter decided such corroborating evidence was lacking against Grace Lager, Shirtcliff said.

The five suspects who admitted their guilt and entered into formal accountability agreements with the Baker County Juvenile Department are:

Alexander Adams, 11, of 1448 Clark Place, on charges of second-degree burglary, a Class C felony, and second-degree theft, a Class A misdemeanor; Chanae Hartmann, 15, 1910 Main St., second-degree burglary and second-degree theft; Tucker Urlacher, 12, 1729 Seventh St., second-degree burglary and first-degree theft, also a Class C felony; Heather Winston, 15, 2045 Clark St., second-degree burglary and first-degree theft; and Brandon Chase, 18 of Haines, (who was 17 when the crimes happened) second-degree theft.

(The Baker City Herald reports names of everyone charged with felony crimes, regardless of age.)

Baker City Police arrested the eight suspects over a several-month period last year after Paul Turk, who manages Flagstaff Sports, reported finding items knocked off the shelf and inventory missing when he opened for business one day in early August.

Police believed the juveniles worked together to enter the business in the late evening and early morning hours between mid-July and mid-August to take backpacks, a bike, shoes, skateboards and clothing.

Because the crimes were first offenses for Adams, Hartmann, Urlacher, Heather Winston and Chase, the juvenile department will recommend that the judge drop the charges if the youngsters successfully complete terms of their accountability agreements, Shirtcliff said.

All five will be required to follow standard probation conditions, which include checking in regularly with their probation officers, attending school and obeying all laws while the agreement is in place, which could be for up to a year, he said. Adams, Hartmann, Urlacher and Heather Winston also were ordered to complete 75 hours of community service work, with 25 hours suspended if they meet terms of the agreements.

Brandon Chase was ordered to perform 60 hours of community service, with 20 hours suspended. All six were ordered to pay a $50 supervision fee.

All six were also ordered to pay restitution to Flagstaff Sports, complete a theft education course through the juvenile department and write a letter of apology to the victim.

Reporter Chris Collins can be reached at 523-3673 or at ccollins@bakercityherald.com.

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