HIBBING — An Iron Range man accused of murder is back in custody and facing new domestic assault charges.
Daniel James Dale, 31, was charged Friday, April 24, with two felony counts of domestic assault by strangulation and three misdemeanor counts of domestic assault.
Dale got into a physical altercation with two family members Tuesday night in Hibbing, according to the statement of probable cause.
On Friday, Assistant St. Louis County Attorney Tyler Kenefick told Judge Rachel C. Sullivan that the state has major concerns about public safety if Dale were to be released from custody.
Dale posted $1 million bail in December. He was charged with second-degree intentional murder in November in the killing of 24-year-old Parker Johnson of Hibbing.
Kenefick asked Sullivan to set a high $500,000 bail in the domestic assault case. He also requested that Dale’s bail be raised to $4 million in the murder case.
He argued the security concern had increased since Dale’s bail was first set. Dale’s defense attorney Blair Nelson said the additional bail in the murder case was "complete overkill,” and he’d never seen bail that high in his years practicing law.
"He's [Dale] still presumed innocent," Nelson told Sullivan.
One of the assault victims is a potential witness in the murder case. Police asked her the standard domestic risk question of whether she was afraid Dale would seriously harm or kill her, and she answered, "I want to say no, but deep down in my heart, I feel like he would," according to the criminal complaint. When asked why she felt that way, she said "she believed she was the only person who knew what happened regarding" the murder case.
Kenefick argued that while the apparent motive for the assault was Dale’s irritation with the victim, she also told police that Dale had come home from a meeting with his attorney Tuesday "in a bad mood." There was a hearing for the murder case set for Wednesday.
Nelson described the domestic assault as a family disagreement that got out of hand. He noted that there was no other alleged misconduct since Dale had been released from custody.
Nelson also said the incident was not related to the murder case and the Wednesday hearing was a routine one. He argued that any enhanced danger is "purely speculative." He said Kenefick's characterization of Dale's "bad mood" as anger was overstating it and that a "bad mood" can also mean depressed or grumpy.
Kenefick said the timing was "extremely coincidental," and while the Wednesday hearing was routine, he is concerned that the stress of a contested hearing or a trial would increase Dale's volatility, given that he already acted impulsively in the assault case.
Judge Sullivan sided with the state and set bail at the state’s suggestion in both cases. She agreed there are public safety concerns and concerns for Dale’s own safety. She also agreed with the state that Dale is at "small risk of flight" given that he has mentioned living in Seattle, and the domestic assault case means he can't remain where he has been staying.
Sullivan also ruled Dale have no contact with the two victims in the assault case.
"I don't foresee him getting out [with that amount of bail], which was probably the intent of the court," Nelson told Sullivan.
Dale’s next appearance for the domestic assault case is May 4. His next hearing in the murder case is scheduled for July 15.
