The suspected ringleader of a gang of teens charged with robbing several Salt Lake businesses will remain in juvenile lock-up for now, a judge ruled Wednesday.
Daniel Despain, 16, faces 18 counts of aggravated robbery, a first-degree felony, for his role in the hold-up of clothing and fast-food stores this summer and early fall.Prosecutors charge that he pointed a gun at workers during five of the robberies and arranged transportation or secured weapons for most of the other incidents.
"It was as easy for him to go in and rob these places as it is for you or I to order a meal from them," said prosecutor John Spikes.
Defense attorney Jim Bradshaw argued Despain, who is the son of a Salt Lake police officer, is "very respectful of authority" and would be a prime candidate for release.
"He has absolutely no criminal history. The charges here are such a mystery to everyone who has had contact with this young man. It's absolutely an aberration," Bradshaw said.
He asked 3rd District Juvenile Judge Sharon P. McCully to release Despain on conditions that his parents post a property bond, that he be on electronic monitoring and have a strict curfew.
Bradshaw said the circumstances that led to the alleged crimes would never come together again.
Spikes acknowledged Despain's family was responsible and would do what they could to ensure Despain's future appearance in court.
"I've known his father for a long time, and he's a good cop, but he can't control what Danny does," he said. "(Despain) has done it 18 times, why won't he do it a 19th?"
The judge shook her head after the arguments while Despain wiped tears from his face.
"I look at Danny and his whole family sitting here today, and I know they can't believe they're in this circumstance. I know Danny can't believe he's sitting here looking at the real possibility that he could spend the rest of his life in prison."
She agreed it was unlikely that Despain would reoffend in the same way but said she couldn't ignore the number and nature of the alleged robberies.
"I have to think about the 18 other people on the other side of the counter looking down the barrel. The damage to them and the public in general is what I also have to think about," she said. "Frankly, I just can't do it."
McCully ordered Despain to remain behind bars at least until his next hearing on Feb. 10 when it will determine whether probable cause exists for Despain to be tried as an adult. If transferred to adult court and convicted, the teen could face several consecutive life sentences.
Despain is one of 11 teens arrested for the robbery of about 20 businesses throughout the valley. Two of the teens already have been transferred to adult court, where they await trial or possible plea bargains. One has been released from juvenile lockup pending his next hearing, and the others all remain in detention pending juvenile court dates later this month or early next year.
Most of those arrested were students at Granger High. Six of them, including Despain, were members of the school's football team.