Judge: Baxter Is ‘Allergic To People’

DAYTON - For plead- ing guilty to squatting in vacant homes in the city of Dayton and eluding police for months, Daniel Baxter has been sentenced with 40 months in prison.

Baxter, age 34, pleaded guilty in June and was sen- tenced last Thursday to give victims to his burglaries a chance to make comments.

Baxter pleaded guilty to seven of the 28 total burglary- related charges in June. Those charges were making false or misleading statements to a law enforcement officer, five counts of residential burglary and one count of burglary in the second degree.

Baxter's attorney Andrea Burkhart said the plea agreement reached and OK'd by Judge William Acey was the product of "fairly extended conversations between the parties in this matter."

"His conduct did impact a number of people in this community," Burkhart said. "There needs to be consequences for the decisions that were made."

Charging documents on the case charged Baxter with burglarizing homes on East Clay Street, East Spring Street, West Main Street, South Fourth Street, South Second Street and East Whitman Street. He was 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, com- puter printer, books and a wall heater.

One of the victims whose home Baxter had broken into repeatedly did write a letter to the court urging Acey to give Baxter 80 months in jail instead to really "hammer him" for the emotional damage caused.

However, Burkhart re- minded the judge that Baxter is a first-time offender who truly did not mean any harm.

"It was not intended to frighten anybody or harm anybody," she said. "He wanted to be left alone."

Burkhart said typical bur- glary, when homes are bro- ken into and possessions sto- the victim and following the len and sold, are more serious break Baxter spoke to the in nature. She said Baxter's victim's recommended 80 crimes were not a typical months in prison. kind of burglary and war- "I don't feel that would ranted him a lighter sentence. be an answer," Baxter said.

"The sentence recommendation "I didn't think people were here is appropriate," living in these places." Burkhart said. Baxter admitted he did take

Also, Burkhart asked the some items and did not realize judge to consider waiving all the victim still infrequently court fines, fees and restitu- lived in the home. Acey said tion for Baxter because he people who have had their is not employable and has homes broken into no longer no means to pay any fines. feel safe in the residence and Acey agreed Baxter may be the letter from the victim said unemployable because "he's the situation caused extreme allergic to people and prefers paranoia. Acey said he agreed to be left alone." Baxter's with the plea deal in this case future is uncertain because and said it was a good sen- Acey said he doesn't believe tence for the crime. after prison Baxter would do "Forty months will be well in a group home setting. plenty long for you," Acey

Acey had Baxter take a told Baxter. "It is no fun on break and read the letter from the inside."