Colfax men charged with breaking into Balsam Street home

By LeAnn R. Ralph

COLFAX —  Two Colfax men have been charged in connection with a burglary at a house in Colfax on Balsam Street in December.

Donald J. Binder, 29, and David A. Berg, 36, are both charged with Class F felonies of burglary to a building or a dwelling for an incident that occurred in Colfax the evening of December 13.

Binder, who also is charged with felony bail jumping, made an initial appearance in Dunn County Circuit Court before Judge James Peterson January 16.

Berg, who is charged as a party to the crime, made an initial appearance before Judge Peterson January 16 as well.

According to the criminal complaint, a Colfax resident had contacted the Colfax Police Department about his observation of two male subjects, who are known to live in the apartment building on First Avenue in Colfax behind Express Mart, possibly entering a residence on Balsam Street.

The two men were described as one large, with short hair or bald, and the other as a “skinny white male with no teeth.”

The officer on duty knew the subjects as Donald Binder and David Berg from previous law enforcement contacts, the complaint states.

The resident said the two men had been walking around the backyard and alley with a flashlight or a phone light and had walked away when the man let his dog out.

The man said he had contacted the homeowner and told him about the two suspicious men and that he also had surveillance video of the incident, according to the complaint.

Pile of change

The police officer contacted the homeowner several days later. When asked if he had noticed anything missing, the homeowner said he had noticed change that had been on his dresser had a large amount missing from it. The pile of change was described as being eight inches wide in a circle and two or three inches high. The homeowner said he did not know how much change in been in the pile but only a few coins remained, the complaint states.  

The officer contacted the resident who had observed the two men to view the video of the suspicious incident on the man’s computer.

The video revealed two men walking down First Avenue in the middle of the road. When they reached the home on Balsam Street, they walked down the alley and were off camera for a period of time. When the men returned to First Avenue, they walked back toward Express Mart, according to the complaint.

One man was wearing a coat that was white and either dark blue or black and tan khaki pants. The coat had a “V” along the back, and the upper portion of the V was white while everything at the bottom part of the V was dark blue or black. The man believed to be Binder was heavier than the other man and was described as being over six feet tall. The other man was wearing baggy blue jeans and a sweatshirt, according to the complaint.

Fast forward

The Colfax resident fast forwarded the video by 10 or 15 minutes and told the officer the two men had returned the same way as before, but this time, when they went to the Balsam Street residence, the smaller man stayed on the corner by the road. The other man appeared to have gone into the residence.

The smaller man paced back and forth on the street and stood on the corner, as if he were a lookout, the complaint states.

In the video, a light source inside the house that can be seen through the windows was consistent with a flashlight being used as it moved from one window to the next.

After a while, the man standing outside walked back toward Express Mart and appeared to be making a phone call. After a minute or so, the man who had gone inside the residence had left the house and started walking toward the other man.

The Colfax resident said he had watched both men walk westbound on First Avenue and continued watching them as they entered the door to the apartments behind Express Mart, according to the complaint.

The officer noted the apartment where they had been observed entering is the apartment where Binder and Berg live. The next day, the officer observed Binder walking down the street, wearing khaki pants and a jacket that matched the jacket being worn in the video taken by the Colfax resident.

Officers from the Colfax Police Department attempted to make contact with the residents of the apartment, but were unable to make contact, and were later informed Berg wanted to talk to the officers. Berg told officers Binder had broken into the house on Balsam Street and said he had taken change and that he had gone into the house with the intent of stealing money, the complaint states.

During his conversation with Berg, the officer found out where Binder was staying, and Binder was subsequently arrested and taken to the Dunn County Jail.

On tape

At the jail, Berg told officers that he was not with Binder during the burglary. When informed there was a video showing both men at the residence, Berg said he had not gone into the house.

The officer said he knew Berg had not gone into the house because the whole time Binder was in the house, Berg was standing outside, watching out for Binder. Berg said he was, indeed, at the residence  during the burglary but that he had been telling Binder not to do it, and the phone call was placed to tell Binder to get out of the residence, the complaint states.

Berg’s recollection of events was accurate to the timeline on the video. Berg said when Binder came out of the residence, they left. Berg said Binder had entered the residence through an unlocked front door and then had gone to the bedroom, where he stole the change. Berg said he thought Binder had gotten approximately $35.

Burglary and burglary as a party to a crime, as a Class F felony, carry a penalty, upon conviction, of a fine of up to $25,000 and/or not more than 12 years and six months in prison.

The Dunn County district attorney’s office also is seeking to charge Binder as a “repeater” because of a prior conviction of felony bail jumping. If convicted, as a repeater, Binder could face an additional four years in prison.

Felony bail jumping is a Class H felony that carries a penalty, upon conviction, of a fine of up to $10,000 and/or not more than six years in prison.

The DA’s office is seeking to charge Binder as a repeater on the felony bail jumping as well, and if convicted as a repeater, Binder could receive up to an additional four years in prison if convicted.

Binder is scheduled for another court hearing in Dunn County March 13.

Berg is scheduled for another court hearing on March 22.

Bail was set for Binder December 18 with a $2,000 signature bond.

Bail was set for Berg December 18 with a $1,000 signature bond.

Binder was convicted in 2015 of stealing railroad iron from the Colfax Railroad Museum that was intended to be used in restoring train cars. He was ordered by the court to pay $7,000 in restitution but has not yet paid any of the money.

A review hearing for the restitution is scheduled March 26 in Dunn County Circuit Court.