Judge Tim Chambers denied a defense motion to dismiss the charges against a 23-year-old Hutchinson man accused of criminal discharge of a firearm in an occupied vehicle and criminal use of a weapon.
Dustin Rock is accused of firing a gun at a vehicle near a car wash on East 30th. This after the victim pointed a pellet gun, that looked like a real military style weapon at the defendant and others standing in the area. This all occurring in the early hours of June 14, 2013.
The alleged victim, Brandon Hudson admitted in court last week that he had driven by Rock and others who were standing in the parking lot of a car wash and at one point stopped and fired the pellet gun, but says it was toward the ground and that he never meant to hurt anyone. He claims that three individuals came to the passenger side of his vehicle and one to the drivers side. He says he was then struck on his arm by the individual on the drivers side and became scared, so he picked up his pellet gun and pointed it at the ones on the passenger side. He says as he pressed the gas and was pulling away in his pickup, he heard a gun shot. He went west on 30th, and stopped at the K-Mart parking lot and discovered the bullet hole in the back fender of his vehicle.
While judge Chambers questioned the credibility of the alleged victim, he admits there is conflicting evidence as to whether the alleged victim left the scene prior to or simultaneous to the shot being fired. He says conflicting testimony is for a jury to decide.
The judge says the defendants statements in court last week were different then what he told law enforcement the night of the incident. Plus officers who investigated the case indicated on video that the trajectory of the bullet fired by the defendant was inconsistent with his version of how he fired the weapon. He also says those outside the pickup new that the gun, the alleged victim had was a pellet or BB gun prior to them approaching the pickup.
The defense argued it was self defense and wanted the charges dropped, but the judge found the state had met its burden to show probable cause and denied the defense motion. So, the case will proceed to trial.