Charges dismissed against Burbank man accused of setting mother’s house on fire
By Dan Thesman on Tuesday, September 15th, 2026 in Columbia Basin News More Top Stories
WALLA WALLA — Felony domestic violence charges against a 35-year-old Burbank man accused of trapping his mother inside her house and setting the residence on fire have been dismissed without prejudice after key victims stopped cooperating with prosecutors.
Walla Walla County Superior Court Judge Patricia Fulton signed the order on Sept. 1 dismissing the case against Nakoda Ray Dunham. Following his May 10 arrest, Dunham was charged with second-degree arson, first-degree animal cruelty, and first-degree malicious mischief.
According to court records, Walla Walla County Deputy Prosecuting Attorney Kelly Buerstatte moved to dismiss the charges because the primary alleged victim, Dunham’s mother, Patty Gaustad, failed to appear for an Aug. 18 defense interview and repeatedly ignored attempts by the state to contact her. Buerstatte warned Gaustad that the prosecution could not move forward without her participation and gave a deadline of Aug. 31 to respond.
Prosecutors also received no response from a second alleged victim, Skyler Gaustad.
The state requested a dismissal without prejudice to preserve 40 remaining days of speedy trial time in case the alleged victims decide to participate in the case before the statute of limitations expires. Dunham had previously signed a waiver extending his maximum trial date to Oct. 12. The order exonerates Dunham’s bail conditions, rescinds all no contact orders associated with the cause number, and permits law enforcement to return any firearms surrendered according to department policy.
