SOUTH BEND In a surprise that shocked the courtroom, Pacific County Superior Court Judge Michael Sullivan last week rejected a plea bargain that would have resulted in an alleged kidnapper being released with little but time served.

Daniel Otis Keyser, 43, of Astoria, is being held in Pacific County Jail under $2 million bail. He is charged with four felonies first-degree kidnapping/domestic violence; first-degree assault; intimidating a witness; and felony harassment. The kidnapping and assault charges each carry a deadly weapon enhancement and also qualify for a charge of aggravated domestic violence.

The plea bargain negotiated by Pacific County Senior Deputy Prosecuting Attorney David Bustamante and Keysers lawyer, Wayne Hagen of Aberdeen, primarily would have dropped the kidnapping and assault charges from first- to second-degree.

Both attorneys have spent a lot of time on the case, Bustamante said, and its a very high risk on both sides. Defending his request for a plea agreement, he said Keyser would still plead to the four felonies in the second-degree. Since Keyser has had no prior felony or domestic violence convictions, standard sentencing is 26 to 34 months.

Were trying for a fair settlement. This is a compromise and the agreement is a proper resolution, Bustamante said.

Allegations

Keyser allegedly abducted his girlfriend, Barbara Holland, 47, from the campus of Clatsop Community College in Astoria, where she was a student, in April 2009 and drove her to the Columbia River Fish Factory in Chinook, where he allegedly kept her against her will and assaulted her.

For Holland, it means a second shot at justice, she said after the hearing Thursday.

She had submitted a letter asking Judge Sullivan to deny the plea bargain. Under the deal, Keyser would serve very little time, she wrote: under 34 months, not taking into account credit for good behavior and nearly nine months of time already served.

I feel the sentencing range is too short for the crimes committed, she continued in the letter. Keyser is a very dangerous man who was committing murder on April 22, 2009, through terror and torture.

Big audience

Before the hearing last week, Sullivan thanked the numerous law enforcement officers in the courtroom. He said he expected the hearing to be polarized, and that the safety of the people in the courtroom was important. I will not tolerate any outbursts, he said. Its not helpful.

The courtroom was divided down the middle, with friends and family of Keyser seated on one side and supporters of the victim on the other side.

Hagen asked and received permission for his clients hands to be unshackled during the hearing.

Sullivan at the outset said that he was confused and he wasnt sure hed allow the state to file the amended information. It seemed, he said, like an awful quick turnaround in a case the state had appeared willing to fight for.

Youve certainly had a very aggressive approach, Sullivan told Pacific County Deputy Prosecutor David Bustamante. And then, almost overnight its settled and here we are.

So whats changed? he asked the attorneys. 

This is not as straightforward as some people think or, maybe, as counsel thinks, he continued.

He called the case a unique set of circumstances.

Lawyers defend deal

Bustamante said that he and Hagen had had numerous discussions about the case and concluded that much of the information garnered included new evidence that didnt match the victims statement about what happened. It could be damaging to the states case. A major part of that evidence was medical testimony that could raise some doubt in a jurys minds and could contradict Hollands testimony, Bustamante said.

Bustamante said his office had taken that into consideration but that Holland doesnt appreciate that the outcome (of a jury trial) could be worse for her. We firmly believe that this is a good settlement for both sides.

Hagen agreed, saying that no one is happy with the choices but the risk assessment is major for Mr. Keyser. Theres a grand canyon between what Holland says occurred and what the doctor who reviewed the case said. This has morphed into something different.

  He said he hired a medical professional to evaluate the victims condition. Were at loggerheads as to where were going to go. Neither side is thrilled about it but those of us in the trenches are serious about it. Hes (Keyser) not going to get off without punishment. He would be walking with credit for time served if it werent for the weapons enhancement. Two to three years is not a slap on the wrist.

Although Holland was prepared to speak at the hearing last week, Sullivan said he didnt need to hear from her. He said he had received an eight-page letter from Holland. We have voluminous testimony from the victim and I find no provision for her to speak. This is not as straightforward as you might think. Its a unique set of circumstances.

Sullivan then denied the request for the plea bargain and ordered all in the courtroom to remain seated until Keyser was returned to his holding cell.

A new trial date hasnt been set.