The Hutchinson man whose case was ordered back to District Court will face a second jury on Tuesday, at least as it stands now.
Douglas Plummer was convicted of aggravated robbery and the Supreme Court agreed with the Court of Appeals, that the case should come back to District Court for a second trial.
Plummer was arrested in what was thought to be a simple shoplifting case, but the state charged him with aggravated robbery and a Reno County jury found him guilty. He was sentenced to over 19-years in prison.
The Court of appeals in April of 2012 agreed with the defendants argument that the court erred when they didn’t include a lesser included offense of “simple robbery” or “theft.” The Appeals Court ruled that a defendant is entitled to have a jury instruction on the law applicable to their theory or defense if there’s evidence to support that theory. The Supreme Court agreed.
Plummer was convicted after he went into Target in Hutchinson and attempted to steal merchandise, and when he attempted to leave was confronted by employees. He then allegedly battered at least one of those employees resulting in the charge being jumped from shoplifting to robbery. The alleged incident occurring at 1529 East 17th in Hutchinson back on March 24, 2008.
While the state contended it was aggravated robbery, the defense contends it was shoplifting and that Target employees over-reacted.
Jury selection is scheduled to begin Tuesday in front of Judge Trish Rose, but as always, court hearings of any kind of subject to last minute changes.