A Superior man who allegedly stabbed another man with a sword after the victim entered his apartment was bound over for arraignment Wednesday, Nov. 25, in Douglas County Circuit Court.
David Anthony Fernando Burns, 39, faces felony counts of first-degree reckless injury and aggravated battery, both with use of a dangerous weapon. Cash bail of $100,000 was set for Burns, who remains in custody at the Douglas County Jail.
The stabbing incident occurred at about 9:45 p.m. Nov. 10 at an apartment on the 1900 block of Broadway Street. When Superior police officers arrived on the scene, they found a man with multiple puncture wounds to his chest and torso as well as cuts to his hands. They also located a large machete-looking sword or knife with blood on it propped by the inside door to the residence. Officer Marc Letendre confirmed that it was a Dadao sword.
The victim told police he had gone to the residence to visit his sister. He said he was confronted by a man he did not know, later identified as Burns, who stabbed him in the chest with a sword. At that point, the victim grabbed the blade to prevent further injury.
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Burns, who had blood on his T-shirt and a small laceration on his forehead, told officers he was sleeping in the room when someone yelled for everyone to get out and the victim entered his room. He said the victim grabbed a sword that belonged to Burns and began to swing at him. They struggled, ending up in the kitchen where Burns said they fell to the ground and the victim may have fallen on the blade.
Another man who lived at the residence told officers he was in and out of his bedroom during the incident after Burns yelled for help. The man said he initially saw Burns pointing his sword at the victim. They told the victim to leave. The next time the roommate came out of his bedroom, he saw the victim had pinned Burns against the wall. He went back into his room, came out and saw Burns with the sword in his hands, thrusting it at the victim in the hall of the apartment.
The first-degree reckless injury charge, a class D felony, has a maximum penalty of 25 years of imprisonment and a fine of up to $100,000; the aggravated battery charge, a class E felony, is punishable by up to 15 years of imprisonment and a fine of up to $50,000. The dangerous weapon penalty enhancer can increase the imprisonment term by five years for each charge, if Burns is convicted.
His next court appearance, an arraignment where he will face formal charging, was set for Dec. 11.