Judge rules in favor of the state over motions in solicitation case
HUTCHINSON, Kan. — In the solicitation case against a 55-year-old Hutchinson man, Judge Trish Rose sided with the state over two motions. Steven Peterman is charged with electronic solicitation and aggravated violation of the offender registration act.
Defense Attorney Justin Bravi had argued that the first count should be dropped claiming the state failed to prove intent in the case. That motion was denied by Judge Rose who went a step further in the case and granted the states request to present prior bad acts evidence at trial. District Attorney Keith Schroeder argued the evidence is relevant in showing intent in the current case.
Peterman was arrested back on Feb. 12. 2014 when he was allegedly waiting to pick up an underage girl in the parking lot of the Hutchinson Mall. He is accused of engaging in conversations via cell phone with Sheriff Detective Diana Skomal, who posed as the 15-year-old. He allegedly went to the mall to pick her up with the intention of assisting her in running away from home, but also to teach her sex.
He’s served time in prison for two counts of attempted rape and electronic solicitation of a child from a case in 2001. But, he also has convictions for three counts of theft, perjury and issuing a worthless check. Those cases go back to 1979 and 1980.
The trial is set to begin on March 3.
Judge grants attorney’s request to withdraw in weapons case
HUTCHINSON, Kan. — Judge Tim Chambers Friday granted a request to withdraw as counsel for a 24-year-old man accused of criminal possession of a firearm and possession of stolen property.
Local Attorney Sam Kepfield stated in his motion in the case against Antahj Jenkins that at this point, he had doubts whether he can abide by the decisions of his client regarding the proposed course in the litigation. Jenkins in court agreed that there was a lack of communication between the two. Judge Chambers granted the request and assigned Wichita attorney Alice Osburn to represent Jenkins. But, he warned Jenkins that she would do what she believes is correct and ethical in the case.
Jenkins in an earlier case was convicted of two counts of aggravated battery and was sentenced to a little over four years in prison by Judge Chambers. He will also over see the latest case pending against Jenkins. The state alleges he possessed a stolen semi-automatic pistol back on October 21, 2014, which is unlawful when it’s within ten years of previous felony crimes.
Jenkins was found guilty of the two aggravated battery counts when he drove a vehicle into a crowd of people at a party back on October 3, 2010 when he ran over 24-year-old Matthew Price of Hutchinson, and struck 21-year-old Kayla Coley. This occurring according to the state after was beat up during that party north of Hutchinson.
With a new attorney assigned, that means the trial date might have to be moved to a later date.
Judge questions charges in police-involved assault case
HUTCHINSON, Kan. — Judge Tim Chambers is questioning how a 39-year-old Hutchinson man accused of two counts of aggravated assault on law enforcement with a deadly weapon can proceed to trial when no weapon was found.
Charles Daniel Davis Jr., is accused in the case and it centers on an incident on June 9, 2014 when police were called to a home in the 1400 block of North Madison on the report of criminal damage. The alleged victim says Davis had damaged a television and a wall in the home. He told police that Davis was in the basement and they should use caution because he had been acting strange and had access to weapons.
When officers approached the basement, they told him to come upstairs and he allegedly responded back that he had a gun and a bomb. That gave officers the indication they could be in danger. They finally went in where Davis allegedly resisted and one officer says the suspect bent his fingers back and tried to bite him. They tried to tase him and he blocked that with a blanket, but they were eventually able to get control of him and take him into custody.
There are alternate counts to the assault charges which include criminal threat. Other charges in the amended complaint include interference with law enforcement, criminal damage to property and battery of a law enforcement officer.
Judge Chambers challenged the state to present and case law anywhere on how someone can be prosecuted for aggravated assault with the deadly weapon when no weapon was ever found. He gave them 10 days to accomplish that and then noted he would give the defense five days to respond after that. The defense had filed a motion to dismiss in the case.
That mean the case is on hold until this issue is resolved and Judge Chambers said he would set a special setting in court over this issue.