Voden’S Release Conditions Not Loosened

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A judge has denied Mike Voden’s request to loosen his release conditions and let him go shopping three hours a week.

Voden has been on house arrest since he posted bond Dec. 20. He is only allowed to leave his property on East Rancho Road to take his disabled wife to the doctor or visit with his lawyer Michael Bernays. This is too restrictive and does not give him time to buy groceries or visit the bank, said Bernays in court documents.

The Gila County Attorney’s Office balked at the request saying it would create a hardship on Brenda Burnett, the widow of Randy Burnett, who Voden is accused of murdering near his doorstep in November.

On the morning of Nov. 9, the Burnetts were trying to get their dog Scooter out of Voden’s neighboring yard when Randy reportedly entered the yard where Voden confronted him about the dog.

Voden shot Burnett four times, but said he did so in self-defense because he thought Burnett was going to assault him, according to officers’ reports. A grand jury indicted Voden for second-degree murder and Judge Robert Duber II placed his bond at $1 million cash. He then lowered it to $200,000 cash and Voden was released.

Voden has since then been isolated to his large property, ordered to keep his gates locked, wear an ankle-monitoring device, have no firearms or contact with Brenda — who no longer lives in the house next door.

At Voden’s bail hearing, friends said they would check up on Voden and his wife Pat Rollins and some even agreed to hold onto his firearms until after the trial.

However, since Voden returned home on house arrest, “he has experienced difficulty finding neighbors or friends who are willing to do all the grocery shopping that needs to be done for Mr. Voden and his wife,” Bernays wrote. “The Vodens attempt to lead a very healthy lifestyle and eat vegetarian, organic foods, and are, therefore, very particular about the ingredients in the various foods that they purchase for preparation of their meals.”

Voden asked Duber for time each week to get food since Rollins is disabled, having had polio as a child, and cannot get around, according to court documents.

Voden’s request also included going to Safeway, Bashas’, the area’s health food stores and the bank, all the while wearing a GPS monitoring device.

Shawn Fuller, Gila County chief deputy attorney, said Voden was essentially asking for access to the “entire business center of the Town of Payson.”

“Allowing the defendant (Voden) to have three hours in which to go from one end of the town to the other would force the victim (Brenda) to stay in her home for three hours a week,” Fuller wrote. “Such a restriction on an innocent victim is unconscionable.”

Duber denied the request last week and kept Voden’s release conditions the same.

Protective order

In other news in the case, Fuller asked Duber in late January to place a protective order on crime scene photos, Burnett’s autopsy and police reports relating to the case. The Roundup had requested those items from the Payson Police Department Jan. 15.

Fuller argued that releasing those items could have a detrimental effect on Voden’s right to a fair trial.

“The public vetting of crime scene photos, witness accounts, investigatory conclusions, and other raw evidence would invite the trial of this case in the press rather than in court,” he wrote. “Such incomplete information could lead the public, which includes prospective jurors from Gila County, to “guess” as to how the alleged crime transpired.”

Duber, however, denied Fuller’s request saying they are not judicial records, but those of the Town of Payson. Furthermore, even if the court could put a protective order on the records, the GCAO would have had to give Roundup notice, which it did not.

The town released the police reports and some crime scene photos to the Roundup, but not Randy Burnett’s autopsy or photographs of his body citing privacy concerns.

Comments

Pat Randall 10 months ago

Would it be so terrible for a woman to stay at home 3 hours a week?

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don evans 10 months ago

Not eating meat is a choice. Eating meat is an instinct! I thought he had a vegetable garden that was the source of the killing. Let him eat that...

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Barbara Rasmussen 10 months ago

He must be able to go other places that are not mentioned in this article. I recently saw him by himself at PRMC when I was there to visit a patient.

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Kim Chittick 10 months ago

Pat, Mrs. Burnett is an ENTIRELY innocent victim here who lost her husband, partner and best friend. What would be so terrible would be for her to have to plan and coordinate her life and comings and goings to accommodate the whims and vagaries of a person who CHOSE to use a gun to solve a problem, rather than going back inside his house, as he had been instructed by the Police Dispatcher. What would be so terrible would be her pushing her shopping cart down an aisle in Safeway, rounding a corner and staring Mike Voden in the face. What would be so terrible would be Mrs. Burnett having to have on her calendar, so she has to see it every single day, the times that Mike wishes to go shopping, because he chooses to eat in an unusual manner.

I know, as I have been reading your posts for a good long time now, that you have a great deal of bitterness and anger towards a lot of people over the way your beloved husband was treated and taken from you. Imagine if he had been brutally shot down just yards from his own home, regardless of the circumstances. as a result of something that you initiated. And then, imagine, if you will, being told that his killer wanted the freedom to shop as he so chose and because of that, you had to avoid going into the shopping areas of town for the duration of his shopping trip. Imagine that every single day when you looked at your calendar, you had to see the notation there of when his killer wanted to be permitted to shop. Those are the things that would be so terrible, not the fact that she may have to stay in her house for 3 hours a week.

My personal opinion is that Mike Voden should be thanking whatever higher power he believes in, that he was permitted bail...REALLY??? in a murder case??? And bail reduced from a million dollars to a measly $200,000? Seriously, he could be sitting in jail, eating the haute cuisine that is served 3 times a day; instead he is complaining because his friends don't want to run all over town to ensure that Mike gets his organic, vegetarian, healthy foods. Suck it up, buttercup and thank your lucky stars that you have the freedom to roam your property and to spend time with your wife. Mrs. Burnett is not afforded that luxury, thanks to Mike Voden's hot head.

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Pat Randall 10 months ago

Kim, You don't really know what kind of person I am or what kind of person my husband was and it has nothing to do with someone being shot five miles away from where I live. Now that being said, Mr. Voden has not been judged guilty in court of anything. He was on his own property and Mr. Burnett was the trespasser. Yes he was after his dog, but there is an ordinance to keep control of your dog. Why didn't his wife have the dog on a leash? I wasn't there and neither were you so we don't know what really happened. If the picture is right and Mr. Burnetts hand is in the doorway as stated in the paper I would say he was the aggressor and Mr. Voden was protecting himself. I feel very sorry for all of them. None of us will ever know what really happened even after it goes to trial. We only have opinions.

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Kim Chittick 10 months ago

Exactly Pat!!! We all have opinions. And we all know what they say about opinions.

Perhaps I need to clarify for you why I made the comparison between this situation and yours with your husband. I highly doubt that Mrs. Burnett loved her husband any less than you loved yours. And, by your own admission, as well as your posts, you are still very angry with the Doctors, hospitals and medical personnel whom you believe treated your husband incorrectly; ultimately bringing about his demise, after diminishing his quality of life. Do you imagine that Mrs. Burnett has any less bitterness and anger? While none of the medical personnel who treated your husband are or have been, brought up on charges, it is still clear from your posts that you think they should have been.

The person responsible for the loss of Mrs. Burnett's husband has been indicted by a Grand Jury for SECOND DEGREE MURDER. So, evidently, the Grand Jury saw or heard something in the evidence that has not been made public. The bottom line fact is that Mike Voden used a gun, on another human being, whom he shot 4 times, when, had he simply followed the instructions of the Police Dispatcher and gone inside, there would no longer have been a threat.

We, none of us, has any idea what Mrs. Burnett's situation is at this point. Whether she is working, or retired, or what. As I said previously, she is the INNOCENT VICTIM who had her beloved husband brutally taken from her by a deranged person who had no qualms about flashing a gun in public and on more than one occasion.

Pat, what set me off here is that it seems as though you are trivializing Mrs. Burnett's plight. As though she couldn't possibly be expected to stay in her home for a measly 3 hours a week.

My concern is, of course, what Mrs. Burnett is going through, but also the fact that this man who has been indicted for second degree murder, is not only not locked up, but now wants the freedom to shop as he so chooses, in order to accommodate his chosen diet.. You understand, this is no longer an ambiguous charge that he is just sitting awaiting sentencing for. The Grand Jury has reviewed the evidence and has deemed charges of second degree murder to be appropriate.

You say, "Mr. Voden has not been judged guilty in court of anything". Umm, did you miss that the Grand Jury indicted him on second degree murder charges?

continued...

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Kim Chittick 10 months ago

...continued

And truly, how often do people walk into yards or onto property that is not theirs? To grab their wayward dog, to deliver mis-directed mail, to drop a plate of cookies, or a multitude of other reasons. It is not normal, neighborly, or legal to greet someone at your door holding a gun on them. If someone really feels threatened enough that they need to have a gun in hand, why in the world would you even open the door? Heck, a few years ago, hearing noises on my porch and banging on my screen door, inside my fenced and gated yard, while home alone, in the middle of the night, I simply ensured that the door was locked, turned on the porch light and opened the blinds to see 7 full-size possums playing about. I knew that the screen door was locked, opened the door and shoo'd them away. Easy peasy. However, had it been a human being on my porch, I would have dialed 911, stayed behind my locked doors, of course with a gun handy in case the intruder breached my door. But, as long as there was a solid, locked door protecting me, it would be reasonable to wait for the police.

I wonder if the feelings and attitudes about this situation would be different, were Mike Voden not an elderly, very strange, but well known person about town. Would the sympathy for him be different were he a young, criminal, gang banger type, who simply thought he was protecting his property? Hmmm?

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Pat Randall 10 months ago

KIm, Many people have been indicted and proven innocent. It is perfectly legal to answer your door with a gun. Your home, your protection. If my dog was running loose I would walk up the sidewalk knock on the door and ask the person if I could go into his yard and get the dog. Not go yelling at the dog at 7:00 in the morning and then have my husband out yelling for the dog then start for the door. The guilty person is the woman that let her dog run loose without a leash. Think about that !!!

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Kim Chittick 10 months ago

Pat, think about this...has an animal ever gotten away from you? No need to answer publicly as we all know that it has happened to every single person alive, who has ever been involved with animals. You open the door and the dog has to go really bad and runs out the door. It happens. And how do you know that Mr. Burnett was not heading for the door to get permission to get his dog?

And of course you would do everything all proper and above board, in hindsight. Think about that!!!

And I am done with this conversation...some people cannot see the forest for the trees. My blood pressure does not need this.

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Pat Randall 10 months ago

As a matter of fact I had a big Red Bone blood hound in Mesa that got out. We drove thru the neighborhood and saw him tied up at a house. My husband went to the door, thanked the lady and brought the dog home. We were not out in the yard yelling for the dog. Please tell me where you read a grand jury had indicted Mr. Voden. I missed it.

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Carl Allison 10 months ago

Regardless of whether Mr. Voden is innocent or not, he is obviously capable of killing a human being. I'm thankful that for the time being, he is being kept out of the public. Let the justice system determine what is just. I feel sorry for his wife, I do, she's paying a stiff price for her husband's indiscretion. Since Mr. Volden seems to have some sort of svengali-like hold on Ms. Randall, perhaps she will step up to the plate and offer to help his wife out. It's unfortunate that Mrs. Randall feels that Mrs. Burnett is guilty. Both Mrs. Voden and Mrs. Burnett are unfortunate victims of this rather sad occurrence.

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Pat Randall 10 months ago

Mr. Allison, I don't know why you think I feel Mrs. Burnett is guilty and guilty of what? As to the rest of your post, I would be capable of shooting someone if I thought any of my family or I was in danger. And I bet you would too. I agree both wives are suffering. No one has a hold on me and I might help out Mr. Vodens wife if I could walk and drive her around. I have someone that drives me and does my shopping as I have a very bad back and uncontrolled blood pressure. Once in a while I am able to walk for a little bit into the store, and then there are times I start and have to stop and leave my basket and go to the car. The person that helps me has to ride on one of the carts at Walmart so don't think we would be much help. I am sure there are a lot of people out there that claim to be such helpful, wonderful people one will step up to the plate and do something.

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Kim Chittick 10 months ago

Pat...in the story above, 5th paragraph down, 2nd sentence in.

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Kim Chittick 10 months ago

Pat, quite simply...you asked where we saw that Mike Voden had been indicted by the Grand Jury for second degree murder, I was telling you where we read it. 5th paragraph down, 2nd sentence in. In the story that begins this line of comments. Right above these comments.

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Pat Randall 9 months, 4 weeks ago

Kim, Thank you. I thought you were talking about your post, 5th paragraph.

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H. Wm. Rhea III 9 months, 3 weeks ago

The real rub is that when he goes to prison, Mr. Voden will likely get his special diet, claiming some kind of need and the taxpayer will be stuck paying the bill.

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