Wednesday, March 17, 2004

Sentence is extended
in police assault case

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"The punishment has to be significant. If families become fair game, the whole system is going to implode."

— J. SCOTT JAMES, Idaho deputy attorney general

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By GREG STAHL
Express Staff Writer

The former Sun Valley Police Department employee who was convicted in 2001 on aggravated assault charges for going to a Ketchum police officer’s home with a drawn handgun had her minimum sentence extended this week.

GAIL HIGH. Express photo by Willy Cook

Gail J. High, who had been sentenced to a minimum of five years in prison on aggravated assault charges, was sentenced to a minimum of seven years on burglary charges as well. The sentencing by 5th District Judge James May follows a successful appeal by the state of Idaho to return burglary to the list of High’s charges.

Her sentences, both capped at 10 years, are to run concurrently.

"She’s somebody that this court knows will do anything it takes to minimize her accountability," said J. Scott James, deputy attorney general for the state of Idaho.

High’s attorney, Boise-based Dennis Benjamin, said he was obviously disappointed in May’s sentence. Benjamin said High, who is incarcerated at the Pocatello Women’s Correctional Center, has been taking college classes and has experienced stabilization of a mood disorder that has characterized her behavior.

"There’s no reason to increase the time, and we’d ask that you impose the suggested sentence," Benjamin said.

High was originally charged with and tried for attempted second-degree murder, aggravated assault, burglary and three counts of use of a firearm during the commission of a crime. High was found not guilty of attempted second-degree murder. However, a jury found her guilty of all other charges, except for one count of use of a firearm during the commission of a crime.

But High filed a motion for judgment of acquittal, which the district court granted with respect to burglary and the accompanying charges of use of a firearm.

"The state appeals, arguing that the district court erred when it granted High’s motion for judgment of acquittal for burglary and the use of a firearm in the commission of a crime," according to the Court of Appeals’ decision.

High’s incarceration began on Dec. 16, 2000, after Ketchum Police Sgt. Dave Kassner arrested High for a DUI. Later that night, High took a taxi to Kassner’s home. She was armed with a .40-caliber Glock handgun.

Upon arriving at the Kassner home, High was met at the door of the house by a tenant, John Straka, who testified in 2001 that he invited her in after she asked if Sgt. Kassner was home. The two stepped into an entryway common to both the house and Straka’s apartment.

Straka said High was sobbing, and he wondered if she was bringing some bad news to the family. He said he reached outside to ring the doorbell to try to awaken Mrs. Kassner. When he turned back, he said, he saw High facing the Kassner’s door holding the gun above her right shoulder, pointed into the air. He said he immediately grabbed her hand and the gun with his left hand and pushed her back with his right.

During the struggle to bring High to the ground, the gun fired once. Straka said he did not have his hand on the trigger.

Sgt. Kassner testified that by coincidence, he arrived home shortly after the shot was fired, intending to take a lunch break on his graveyard shift. He said he entered the home after seeing his wife gesturing frantically from the doorway. Following a struggle, he placed High in handcuffs.

On Monday, March 15, Sgt. Kassner testified that police officers need to be able to do their jobs without fear of retribution to them or their families.

"I was merely doing my job, and Ms. High came to my house to try to exact some revenge," he said.

Colleen Kassner told the court that she will not feel safe in her home when High is eventually released from prison.

"There is a history of revenge," she said.

High also took the stand on Monday and said she has had a lot of time to think about what she did.

"I can honestly tell you that not a day has passed in three years that I have not thought about the destruction I have caused," she said. At the time of the trial, she said she did not fully understand the totality of her crime. Now, her apology is more sincere, she said.

But James maintained that High was only going through the paces of trying to appear sincere before the court.

"The punishment has to be significant," he said. "If families become fair game, the whole system is going to implode. (Prospective police officers) are going to say it’s not worth the risk."

The Idaho Mountain Express is distributed free to residents and guests throughout the Sun Valley, Idaho resort area community. Subscribers to the Idaho Mountain Express will read these stories and others in this week's issue.