Property owner speaks out after bizarre incident
Charles Dustin Day
Topton – All David Pakalski wanted to do was build a home on what he calls his "dream property."
While visiting friends during the summer of 2024, Pakalski spotted a location just off U.S. 74 East in the Topton community. He describes it as "28 acres on top of a mountain in (the) Nantahala National Forest" that "many believe(d) to be too steep for a driveway."
Retired from the civil engineering industry, Pakalski attained some assistance in cutting the driveway – which was completed in the spring of 2025. He says he wants to build a home, as well as small cottages for family that visit.
The Wisconsin native now has no clear timeline on when his dream will come true.
Charles Dustin Day, 48 of 7702 Tallulah Road, might have literally wrecked Pakalski's vision. On Feb. 3, Day showed up to the site – unannounced, according to Pakalski – used a master key to start a Caterpillar 336 excavator into a "sinkhole" on the freshly-dug property.
Day was dropped off by unidentified individuals in a truck, Pakalski said.
"We were all yelling at him to shut it off," Pakalski said, referring to other witnesses that watched the bizarre incident take place. "If I was not disabled, I would have jumped up and pulled him off.
"He drove (the) excavator back into the sinkhole, buried the bucket, jumped out and ran away."
Pakalski admits to driving the 40-ton excavator over a spot on the property Jan. 28, which immediately gave way. The majority of the machinery plunged underwater.
Pakalski said he asked Day if he knew of anyone that could help unearth the excavator; after Day volunteered to do so, Pakalski declined – citing the need for professional equipment.
"I made it clear that I wanted professionals to retrieve it," said Pakalski. "This made Dustin very upset."
Slow build
The Feb. 3 incident was the culmination of a months-long, working relationship that Pakalski says led to money being lended and personal items being taken by Day – never to return.
The two met in the fall when Day stopped at the site looking for work, according to Pakalski. When a friend of Pakalski's said that Day was related to a highly-respected minister, he decided to take a chance on the Robbinsville resident.
"I came from a large Wisconsin, Christian family of over 30 immediate members and more grandchildren on the way. We are blessed to have two ministers in the family," Pakalski explained. "I talked to Dustin and I said I did not have full-time work, but I would be able to use him here and there.
"Dustin was eager to find some work, because his doublewide trailer burned to the ground and he lost everything except the shorts he had on. My parent(s) would often ask us, 'What have you done to help someone in need lately?' It is how I was raised.
Soon thereafter, Pakalski says he gifted Day three pairs of work boots; 12 shirts; and a dozen jackets. Pakalski also lended Day three rifles, because Day said he "normally feeds himself by hunting deer, but his rifle burned up in the fire."
Ultimately, Day was supposed to return two of the rifles and the third one at the conclusion of the hunting season. Pakalski also lended day a .22, a 9mm pistol, ammunition and a collection of 27 scopes – to fix one that was faulty.
Pakalski says he never got the rifles back.
In the meantime, Day cut wood and operated the excavator at the homesite. Pakalski said at one point, Day told him he was also hunting ginseng to sell and had already "downed 13 deer – and counting."
"He was a good worker," Pakalski said."Most of the time, he would show up. He did not take direction well; (he) would rather do thing(s) the way he wanted. He would spend hours working on his truck while on my clock. He was always having truck problems and life problems in general.
"A friend of mine would often pick him up or drop him off at home when asked. He often would use my chainsaw gas for his truck. He took home my scooter and four-wheeler to repair; charged me for the time, but never returned them. One day, his truck did not start – so I let him take my new motorcycle home. He never returned it."
Pakalski's charity extended to a $300 loan on Jan. 16, which turned out to be for bail after Day was found carrying a concealed weapon.
"The weapon was my .22 pistol," Pakalski said. "Dustin told me he returned it through my friend."
Even more bizarre, Day allegedly borrowed $500 from Pakalski on the day of the excavator incident, which was purportedly to claim his truck from an impound lot. Pakalski obliged, transferring the money through PayPal.
Just before the incident, the excavator was removed from the sinkhole. Those on-hand rejoiced until Day showed up.
"I was very happy at that point," said Pakalski. "I was on the phone with the owner of the equipment rental company, saying I would be return his equipment the next day. All of a sudden, a truck pulled up. Dustin jumped out and ran past me."
To this day, the machine rests in the sinkhole, full of mud and water.
"I am in way over $10,000 (in) damages," Pakalski revealed. "(That) may reach $70,000. I don't have insurance on the excavator.
"I am still in shock."
A pair of Pakalski's friends allegedly went to Day's residence after, and retrieved the scooter and four-wheeler. Day was not home at the time, but was when the friends returned for the rest of the loaned property.
"He threatened to call the sheriff for trespassing," Pakalski said. "He said he is keeping my new motorcycle, guns and other property because I owe him for work he did the last two weeks. That two weeks was the time he was in jail and the hospital.
"Dustin said to, 'Tell David that if he talks to the sheriff, he will file a complaint with state council board and get me in a lot of trouble.'"
Charges
A warrant for Day's arrest was issued by the Macon County Sheriff's Office on Feb. 23. He was charged with unauthorized use of a motor vehicle and injury to personal property – both misdemeanors.
Six days after the incident, Day allegedly sold a .30-06 rifle that belonged to Pakalski. The incident occurred in Graham County, leading to local authorities charging Day with felony conversion. He was arrested April 23.
Day will appear in Graham County Court on Aug. 10 for the conversion charge. A court appearance for the Macon County charges was scheduled for March 31, but no record of his appearance can be located.