Man waives right to trial in break-in

Andrew Darst, who infiltrated the RNC Welcoming Committee, faces unrelated burglary and assault charges.

By RANDY FURST, Star Tribune

Last update: March 16, 2009 - 11:47 PM

An undercover FBI informant who infiltrated an anarchist group planning disruptions at the Republican National Convention waived his right to a trial on Monday for an unrelated incident in which he is charged with five counts of assault, burglary and damage to property.

Andrew Darst, 30, agreed to have Hennepin County District Judge Dan Mabley review stipulated facts in the case, which will include police reports, transcripts of police interviews, an affidavit by Darst and one other person, and some exhibits. Mabley will issue a decision next Monday.

Darst joined the RNC Welcoming Committee, an anarchist group, and filed reports for the FBI that are being used in the investigation of the RNC 8, a high-profile case involving eight activists accused of criminal conspiracy to disrupt the RNC last September. Their trial may begin this September.

On Jan. 11, Darst was arrested for breaking down a door and entering a house in Minnetrista and assaulting two men around 2 a.m. He told police he was "wasn't comfortable with the people his wife was with there." According to the police report, Darst struck two men.

Former Ramsey County Attorney Tom Foley said last month that Darst's own criminal case could potentially undermine his credibility as a witness for the prosecution of individuals accused of violence.

A hearing on Darst's case was on the Hennepin court calendar for 3 p.m. Monday, but when reporters arrived they were told by Mabley's clerk that the hearing had already taken place. The clerk said that Hennepin County Attorney John Halla and Darst's attorney, Patrick Flanagan, had conflicts with the 3 p.m. hearing time, so they showed up at 10 a.m. and Mabley agreed to hold the hearing then. Darst also was present. The clerk said it lasted 10 to 15 minutes. Neither Halla nor Flanagan could be reached for comment Monday.

A court reporter agreed to play a tape of the hearing for reporters Monday afternoon. During the hearing, Halla urged conviction on all five counts. He said that if Darst was concerned about the safety of his wife, "He had reasonable alternatives available" such as calling police.

Flanagan said that Darst was not guilty, that there was no burglary and that Darst was claiming "self defense and defense of others."

Randy Furst • 612-673-7382

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