Squatter May Not Take Plea

DAYTON - Columbia County Prosecutor Rea Culwell said Daniel Baxter, a transient man facing 28 burglary-related charges, does not want to go forward with a plea agreement after all.

Baxter was arrested last February and charged with crimes including squatting in vacant homes in the Dayton city limits and stealing items from those homes from last summer through February. Baxter, who has ties to Pennsylvania, Montana and California, faces from 0 days to 70 years in prison if convicted.

Baxter recently signed a plea agreement with Culwell's office that said he would plead guilty to seven of his 28 total burglaryrelated charges.

He was expected to plead guilty to making false or misleading statements to a law enforcement officer, five counts of residential burglary and one count of burglary in the second degree and spend 40 months in prison.

Baxter was to officially plead guilty to these counts before a judge on Thursday, June 7.

Culwell said last Monday Baxter sent a letter to her office and the court saying he had changed his mind and no longer wants to go forward with the plea agreement he had already signed.

"Generally, a defendant can 'back out' of an agreement before he actually pleads guilty," Culwell said. "The state can also back out of an agreement up until the defendant actually pleads guilty."

Baxter's attorney Andrea Burkhart had no comment on the recent development.

This Thursday, Baxter's case is scheduled for change of plea and sentencing.

"I believe the defendant is going to ask for a continuance," Culwell said.

If Baxter backs out of the plea agreement on Thursday, the court will set the matter for trial, Culwell said. Baxter's trial was originally set for May 30.

If he goes to trial, he will go up against charges including the burglary of eight homes on East Clay Street, East Spring Street, West Main Street, South Fourth Street, South Second Street and East Whitman Street.

He is also charged with stealing and possessing items including a laptop computer and other computers, game camera, mason jars, vitamins, tan boots, DVR, food, candles, encyclopedia volumes, computer printer, books and a wall heater.

Culwell said despite Baxter's note to her office, the state is prepared to move forward with the plea agreement if the defendant decides to continue with the plea agreement this Thursday at 1:30 p.m. in the Columbia County Courthouse.

"At this point, the state does not know what the defendant will ultimately decide," she said.

Culwell said last week this has been a difficult case for her office to handle because "On one side, (Baxter) placed our community in fear for over a six-month period, specifically harming the victims whose homes he had invaded. On the other side, the evidence showed that the defendant had no intention of physically harming anyone."