Knox man charged with violent, destructive Palermo home invasion denied bail change
BELFAST — A Knox man, charged with burglary, assault and assorted other crimes stemming from a home invasion-type incident in Palermo March 27, appeared in Belfast District Court Tuesday for his arraignment.
Donald R. York Jr., 30, is being held on $5,000 cash bail in Waldo County Jail after he allegedly smashed windows and broke into a Carr's Corner Road home at 4:30 a.m., waking up the couple sleeping inside and eventually assaulting the man.
York appeared April 16 in handcuffs in the court room with his attorney, Charles Ferris of Waterville, who asked Judge Patricia Worth to consider amending York's bail from cash to surety, or real estate, bond.
"It is clear to Mr. York's family that in this unfortunate incident, his actions were totally out of character. There are serious mental health issues in the family and he was delusional," said Ferris. "During the 21 days he has been held, when his family could not raise the $5,000 cash, he has been fine and we would offer $25,000 to $30,000 surety bail."
According to the affidavit, the March 27 incident began with York at a friend's house along with two women, where home videos of a deceased friend had been watched before the friend and his girlfriend went to bed. Soon after, York allegedly smoked some kind of drug in the kitchen while the other woman stayed in the living room. She told police York then became agitated, pacing back and forth, talking to himself and flicking a lighter he had in his hand, scaring her.
York's behavior escalated when he ran into his friend's bedroom and woke him up, saying he had just seen the deceased friend, and that York had to go help him "as his life depended on it."
The male friend told police York then ran out of the house and tried to get into his pickup truck. Not wanting York to damage his vehicle, and hoping he could calm him down, the friend said he decided to drive York away from the house because of his "really crazy" behavior. York allegedly urged the friend to drive faster to "catch [the deceased friend] in the vehicle ahead of them," all the while denying his friend was dead and insisting that he needed to help him.
York then directed them to drive down Carr's Corner Road, and a short time later, York jumped out and ran up to a house and starting breaking the windows, saying he knew his deceased friend was inside.
When the friend saw lights come on inside the house, he was able to get York back inside the truck when the homeowner stepped outside. Agitated and unable to sit still, York allegedly jumped out of the truck again and ran inside the residence, with the homeowner running in after him. After a little while, the friend said York came running back out followed closely by the homeowner, with York taking off into the woods and the homeowner running to a rock pile in the yard and laying down.
Moments later, York emerged from the woods and ran back inside the home, this time with the female resident exiting and running over to the injured male on the rock pile.
The friend said he saw York's father and his wife arrive on scene in a car, and he decided to leave and go back to his house to get dressed because he was only wearing pants when he and York originally left in his truck.
When the friend arrived, he said he came upon York being restrained on the ground by police.
In another report, Waldo County Sheriff's deputies and a Maine State Trooper dispatched to the reported incident on Carr's Corner Road arrived to find two men, one a shirtless York and the other, his father, fighting inside a car, and a female standing outside the car.
Pulling the younger York out of the car, the officers handcuffed him.
"Donald was still completely out of control and was attempting to get up, and to kick his legs toward Trooper [Shawn] Porter. Trooper Porter and I were able to stabilize Donald for enough time to allow me to retrieve leg restraints... and they were used to secure Donald. Trooper Porter and I then search Donald, nothing was found on his person. Donald was only wearing long johns and socks," said the deputy in the court document.
The officers saw that York was covered in blood and that he had various cuts and scrapes, but no bleeding or wounds that appeared to be life-threatening, according to the document.
"Donald had said several times during the incident that he had taken bath salts," said the deputy in the report. "Donald also mentioned he had used crack, heroin and 'oxys' as well. I was concerned with whatever he had consumed for drugs and monitored his breathing during the entire incident."
The officers noted that York's erratic behavior continued, but that he would also have periods of calm.
"I noticed Donald would get extremely agitated and try to fight with us, then he would calm down and almost fall asleep, then the cycle would repeat. My observations were consistent with the effects of a hallucinogenic drug, such as bath salts," said the deputy in the court document.
Both York and the male homeowner were eventually taken by ambulance to Maine General in Augusta for treatment. York had to be sedated before he could be transported, and the homeowner sustained a laceration to the side of his face and possible neck and head injury.
The homeowner told police that York had broken in and destroyed his house, and that he thought he and his girlfriend "were going to be killed by this man."
Back at the home on Carr's Corner Road, officers saw blood on the porch leading to the front room, and extensive damage inside. A flat screen television had been smashed, furniture was broken, coffee creamer had been poured all over the floor and at least five windows had been broken.
"A bench that had been outside was now laying, broken, in the living room area. The bench had apparently been thrown inside through a window. I observed blood spots in every room of the house, except the [master] bedroom," said the deputy in the court document.
In a guest bedroom, police noted smears of blood on the walls, as well as blood in the bed where it appeared York had laid down for some time. They also observed a fist-size hold in the sheet rock in the living room, as well as dusty/dirty barefoot prints throughout the house from what they believed was York running around inside at times during the incident.
In court Tuesday, Deputy District Attorney Eric Walker told the court that at the time of York's initial arrest he "didn't have a problem with surety bail." But Walker said that if York was bailed, he might be facing arrest for other charges out of two other counties, among other issues.
"I just want to put all on notice about that, and that this defendant has an extensive record of violating conditions of release and two past probation revocations," said Walker.
After court, Walker said that York also has 30 prior driving convictions and 20 license suspensions.
Judge Worth said that she was not going to grant Ferris' motion to amend bail due to the fact that York also has "a history of failures to appear and probation violations." His cash bail stands, with no surety alternative.
In addition to the charges stemming from the Palermo incident, including class B burglary, class C aggravated criminal trespass, class C aggravated criminal mischief, class D assault and class E violating conditions of release, York was in court Tuesday to appear on a Maine Forest Service charge of harvest operator failing to pay within 45 days.
York pleaded not guilty to the failing to pay charge, and was given a May 28 trial date.
Should he make bail and be released from jail, York is not allowed to have contact with the victims in the Palermo incident, he is not to return to the town of Palermo, he is not to use or possess alcohol or illegal drugs, not possess any dangerous weapons, is to submit to random searches for prohibited items, and remain under house arrest except to go to work, his attorney's office or court.
York's next court appearance is scheduled for May 30 in Belfast District Court at 8:30 a.m.
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Editorial Director Holly S. Edwards can be reached by email at hollyedwards@penbaypilot.com or by calling 207-706-6655.
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