Half of duo charged in involuntary manslaughter case of aunt gets reduced bond

Burr told Judge Kelly Cottrill that the woman who died was his aunt but she raised him from the time he was 6 years-old.

By Jessica Johnston, Assistant News Director
October 29, 2019

After his attorney argued that his $1 million bond was too high for a case that came about due to unintentional crimes, the judge reduced a 30 year-old Zanesville man’s bond to $500,000.

Thursday afternoon, attorney Mark Kaido took to the courtroom floor to argue that his client’s bond did not fit the alleged crimes that took place. He stated that he was looking for “judicial intervention” in his client’s case.

Kaido added that he’s been practicing law since 1991 and had never seen a bond so high for an unintentional crime. He called upon the State to explain the reasoning behind his client’s bond.

Assistant Prosecuting Attorney Gerald Anderson responded and said the State believed the bond set at $1 million was appropriated based on the facts of the case.

Dustin Burr, 30, and Shiela Allberry, 33, were both charged with felonies stemming from the death of a woman that had been living in their home.

On Wednesday, Burr clarified that the woman, 66 year-old Darlene Conger, was his aunt but she had raised him since he was 6 years-old.

Anderson elaborated on the case, stating that it’s likely no one would have found the woman before she died had the defendant’s negligent parenting not surfaced.

“Honestly, this woman probably would’ve died without anyone noticing,” Anderson said.

Allegedly, Burr and Allberry had Burr’s bedridden aunt living in their home. The woman was “rotting,” and had open sores on her body, Anderson said in court.

Investigators of the case determined Burr and Allberry served as the woman’s caretakers while she was bedridden, according to Detective Sergeant Phil Michel of the ZPD in a previous Y-City News report. The residence where they were living on Bluff Street was described to be in “horrendous” and “deplorable” conditions.

“She was actually rotting,” Anderson said.

Conger’s condition was discovered by officers on April 24 after one of the small children living in the home was found by a nearby neighbor wandering the street.

On June 20, Conger died as a result of her condition.

“It’s a complex medical case,” Kaido explained to Judge Kelly Cottrill.

In asking for a reduced bond for his client, Kaido said he recently learned that Burr was evicted from his home and lost his employment after Kaido had filed the motion for a bond hearing.

Despite those setbacks, Kaido explained that due to his lack of employment and savings account, Burr does not have a lot of money, although he is able to stay with a friend if he was released on a reduced bond.

Cottrill agreed to amend Burr’s bond and set a new bond at $500,000.

Allberry’s attorney, Keith Edwards, also filed a motion for a bond hearing. Upon the case being called, Edwards withdrew his motion.