Daniel James Burda

A Phoenix man awaiting trial in the death of a Talent man who was one of the original Mouseketeers was sentenced Tuesday to two years in prison for burglary in a separate case.

Daniel James Burda, 41, pleaded guilty in Jackson County Circuit Court to second-degree burglary in connection to trespassing at the Chevron/Circle K in Phoenix and spitting an energy drink into a employee’s face. Prosecutors dismissed the other charges against Burda.

His defense attorney, Christine Herbert, said in an interview that Burda apologized to her privately for the burglary, but he did not mention it during Tuesday’s hearing. 

“He recognizes he’s got an issue with drugs, and he knew he shouldn’t have gone in there and it was bad behavior to spit at somebody,” Herbert said.

She added that Burda feels his sentence is a lot of time for the offense, but it is “not likely” to be appealed.

In court Tuesday, Herbert asked Judge Benjamin Bloom to give Burda credit for time served — 60 days — on the burglary sentence. Bloom agreed.

The judge, at Herbert’s request, also set Burda’s bail at $50,000 for his criminally negligent homicide case, set for trial July 15.

Burda has pleaded not guilty to a slew of charges in connection to the death of Dennis Day, 76, the former Mouseketeer, on July 15, 2018. 

At trial, which is scheduled to begin on the sixth anniversary of Day’s death, Burda will be represented by defense attorney Peter Carini, not Herbert, who is expected to be appointed as a judge around July 1 by Gov. Tina Kotek.

Carini said in an email Tuesday he does not plan to postpone Burda’s upcoming trial.

Burda is not expected to appear in court again until the start of the trial, according to court records.