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Woman withdraws plea in arson, theft

Donna Ackerson

A woman scheduled to be sentenced on charges related to an arson and theft incident withdrew her guilty pleas in Butler County Court on Friday.

Donna M. Ackerson, 44, withdrew the pleas to counts of felony arson, possession of a firearm prohibited and misdemeanor unauthorized use of a motor vehicle in two cases before county Judge William Shaffer.

Shaffer granted the plea withdrawal after Ackerson asserted her innocence after being accused of stealing several weapons from a home and later setting fire to the house as a ploy to hide the crime, and her desire to take the cases to trial. Further proceedings will be scheduled later.

Ackerson's attorney, Public Defender Joseph Smith, said she was “adamant she doesn't want the plea agreement.”

First Assistant District Attorney Patricia McLean informed the court that the plea was a mitigated sentence, with numerous other felony charges withdrawn, but “if she doesn't want it she doesn't need to have it.”

McLean said the initial agreement called for a sentence of four to nine years total in a state correctional institution. She said the prosecution is ready to take the cases to trial.

Smith also entered an oral motion to withdraw as counsel.

The original pleas were reached on Aug. 17, just before a jury would have been selected to hear the cases.

Ackerson was initially charged with 36 felony and misdemeanor counts in the first case, including felony arson, risking a catastrophe, criminal mischief, and nine counts of felony theft, receiving stolen property, possession of a firearm prohibited, five misdemeanor counts of theft and one count of theft by deception after an incident on May 21, 2016, at 423 Keasey Road in Winfield Township.

Pennsylvania State Police said Ackerson stole several firearms from the home, where she had been living for a short time and torched the home to cover up the crime.

No one was injured, but the fire badly damaged the house. Ackerson denied setting the fire.

The homeowner, who lives across the street, noticed the flames and attempted to put out the fire with an extinguisher and garden hose before Winfield volunteer firefighters arrived and got the blaze under control.

Damage was estimated at $40,000, with most contained to the living room, police said.

The resident, Richard Zabicki, had been living at the home for more than two years, but was out of town at the time. It was later learned that Ackerson was also temporarily living at the home for just over two weeks before the blaze.

Police said while the man was away, Ackerson pried opened a gun safe and stole nine firearms and other accessories, valued at $5,550, as well as a large water jug filled with about $40 in coins.

She then took the guns to Fenelton Firearms, less than five miles away, and sold five of them and some accessories for $400.

Video footage at the store recorded the transaction. The store also made a copy of Ackerson's driver's license, which she presented as identification in selling the guns, police said.

Several of the stolen and sold guns were recovered, while others have yet to be found, police said.

After selling the guns, police said Ackerson then drove back to the home, and about two hours later the flames were noticed.

During that two-hour window, police allege Ackerson intentionally set the fire in the living room “by the application of open flame to the available combustible materials,” the criminal complaints reads.

By the time of the fire, Ackerson had fled with all her belongings, police said.

She was later arrested on June 7 on a probation violation. Police said Ackerson admitted to stealing and selling the guns, but not setting the fire.

In the second case, she was charged with felony theft and misdemeanor unauthorized use of a motor vehicle for failing to return a 2015 Hyundai Tucson, valued at $18,000, to Enterprise car rentals on Route 8 in Penn Township.

Police said Ackerson rented the vehicle using Zabicki's name without his permission.

Ackerson continues to be held in the Butler county Prison on $60,0000 bail.

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