Teen convicted of arson at racetrack

By Diane Graff of the Daily Times staff
Wednesday, March 12, 2008 12:39 PM CDT

JUNEAU - A teenager was convicted of burglary and arson in the destruction of the grandstand at Charter Raceway Park in Beaver Dam was sentenced in Dodge County Circuit Court Tuesday afternoon.

David J. Allhands, 18, of N5908 S. Center Road, Beaver Dam, was placed on seven years probation and ordered to serve one year in the Dodge County Detention Facility for setting the race park grandstand on fire May 20, 2007. He had stood mute on the charges in September.

Allhands entered pleas of no contest to the two charges before Judge John Storck.

The judge withheld sentencing and imposed a jail sentence that was longer than the recommendation of the defendant's attorney and the Dodge County district attorney.

According to the information at the sentencing, Allhands was under the influence of alcohol when he entered the Charter Raceway Park grandstands on Sunday, May 20, 2007.

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“You decided to drink on May 20, torch the building and flee,” Storck said. “You caused an unbelievable amount of property damage,” the judge noted. “There were a lot of lives tied up in that property,” he added.

The damage to the building trickled down to affect other people and businesses, the judge pointed out. The facility was not able to hold racing on one weekend in which two different events were planned. Area businesses were not able to gain due to the canceled races and patrons were not able to enjoy the sport, he added.

Allhands was ordered to pay restitution, but it will be based on his ability to pay. A restitution hearing will be held.

Storck placed the defendant on seven years probation, the maximum allowed. During that time, any violation of his sentence will require prison time, he said.

“It will be up to you if you get a prison sentence,” the judge said.

Allhands' attorney and District Attorney Steven Bauer agreed to a sentencing recommendation of six months in the Dodge County Jail, but Storck handed down a one-year sentence. “I sympathize on how the victims feel,” the judge said. “This is a substantial amount of damage,” he added.

Allhands was ordered to start his sentence within 60 days. He was also ordered to have no contact with the victims and write a letter of apology to the victims, along with participation in the offender/victim panel with restorative justice.

Allhands is to maintain absolute sobriety, not posses or consume any alcoholic beverages, continue with drug and alcohol treatment, and pay court costs.

“I hope something positive comes out of this,” Storck said about the treatment. He also ordered the defendant to provide 30 hours of community service, which can include talking to youths about maintaining sobriety.

“I have never felt more ashamed,” Allhands told the court. “I wish I could undo my mistakes. This is one mistake that will walk beside me for the rest of my life.”

Rex Melius, former general manager and sales manager and promotional director of Wisconsin Motorsports & Entertainment, LLC addressed the court prior to sentencing. “These actions changed what was a landmark,” Melius pointed out to the judge. He referred to the grandstand as a palace and noted how it took him a month to inventory the items stored in the facility that were destroyed in the blaze. The structure was built in 2000 and was used to store several trophies, electronic equipment and refreshments. Also, $18,000 in new signage for the park was destroyed in the fire.

“It was one brief irrational and intentional act,” Melius said of the fire. He asked the defendant one question, why he started the fire.

Melius asked the judge that those responsible for the fire be held accountable for their actions. He asked that Allhands be sentenced to prison.

Shelly Dutch, a counselor with a center in Madison, testified on Allhands behalf. She noted Allhands had come to the center on his own accord in May and met the criteria of alcohol dependent.

“From the first time I had met him he was very emotional,” Dutch said. “He is in continuous pain,” she added.

“This is a crime that was created in rage,” Bauer told the judge. He got drunk with his friends a day before his 18th birthday, the district attorney pointed out. He eventually went to the race track and started multiple fires at the facility, the district attorney pointed out. He fled the area and was later apprehended by an off-duty police officer.

Allhands initially told officers he was playing Frisbee golf at Crystal Lake Park. “He was not 100 percent honest in this case,” the district attorney noted.

“This was a devastating crime,” Bauer said. “The severity of the offense is extreme.”

He asked the judge to look at the character of the defendant. “He has no criminal history,” Bauer said. “You put alcohol with Mr. Allhands and he is a dangerous person. He has put effort into his counseling. He has a relatively good chance of turning his life around,” he added.

In the past four months, Allhands has volunteered 520 hours at the humane society and has since been hired as an employee. “He has a history of working and is a good employee,” Bauer noted. The defendant has obtained his high school diploma and was working at the time of the incident, he added.

“What David did is inexcusable,” Allhands' attorney Harold Harlowe said. “It tears at this kid's soul.

“You are dealing with a life that is salvageable,” he told the judge. Allhands plans to attend the Madison Area Technical College for classes to be a veterinarian technician.

“This is a clear case of the poisonous effects of alcohol,” Harlowe said.

On the burglary charge, Allhands faced a maximum sentence of 12 1/2 years in prison and the arson offense carried a maximum prison sentence of 3 1/2 years and up to $10,000 in fines.