HCF inmate in prison battery case scheduled for sentencing Friday
HUTCHINSON, Kan. — A 30-year-old inmate who one time was at the Hutchinson Correctional Facility and was found “guilty” on a charge of battery of a law enforcement officer will be sentenced Friday.
The case centers on Douglas Anthony Kling being upset over the prison officer not responding to his demand to filed a grievance and starting making noise and kicking the door of his isolation cell. The officer, Jason Garcia says he tried to get Kling to calm down, but he didn’t so the officer opened the cell door and that’s when the confrontation started when Kling started to leave the cell. Garcia says he was struck a number of times by Kling, including in the nose.
Kling at trial chose to represent himself with the assistant of a public defender.
The charge is a level five person felony with a maximum sentence of over 11 years in prison and that would run consecutive to the sentence he’s currently serving. Kling is serving time for convictions out of Marshall County for attempted murder, aggravated kidnapping, aggravated battery, aggravated assault and criminal threat. He’ also has a conviction for burglary out of Nemaha County. As it stands now, he’s not even eligible for parole until November 2040.
Sentencing is in front of Judge Trish Rose.
Convicted felon who allegedly absconded from corrections scheduled for court Friday
HUTCHINSON, Kan. — A 28-year-old man who absconded from community corrections is expected in court Friday where he may enter a plea to a charge of being a felon in possession of a firearm.
Robert Allen Clyborne was earlier granted corrections for distribution of marijuana for a case that goes back to Feb. of last year. He had absconded from those corrections and law enforcement was tipped off as to where he was staying. They were also warned that he could be armed and dangerous, so there was some concern when they went to the location where he was, but he ended up surrendering without incident.
At the time of his arrest, he was heavily armed with a couple of pistols and rifles according to Sheriff Captain Steve Lutz.
Clyborne will also face a community corrections violation when he appears Friday which could see him sent to prison. He also has a warrant out of Texas involving the distribution of marijuana.
His bond totals $160,000.
Hearing for a Hutchinson woman in attempted murder case pushed to next Wednesday
HUTCHINSON, Kan. — After the state was granted a continuance for a 35-year-old woman charged with three counts of attempted murder in the second degree because two of their witnesses were unavailable, the hearing in the case is again scheduled for Thursday.
However, the state apparently made a plea offer to Nicole Green and her attorney Steve Osburn, so they continued the hearing to give her time to consider the plea. Judge Joe McCarville set the case on next Wednesday’s waiver-status docket. She may enter a plea at that time.
In addition to the attempted murder charges, Green is also charged with three counts of aggravated assault and intentionally firing into a vehicle.
Green was arrested for an incident back on Feb. 21, that started at Walmart back and then ended when the victims vehicle struck the southwest side of the Midas Muffler and Brake Shop. This was on Feb. 21.
The hearing Wednesday is scheduled in front of Judge Joe McCarville.
Hearing in stabbing case in recess
Sims
HUTCHINSON, Kan. — The preliminary hearing for a 32-year-old man charged with aggravated battery for allegedly stabbing 30-year-old man after the two got into an argument is in recess till later this month because the victim was not present.
Drew Sims in accused of stabbing Brandon Zeh back on Feb. 23. Officers and EMS were dispatched to the area of 12th & Monroe and found Zeh with a stab wound to his chest. He was transported to an area hospital and underwent emergency surgery. But, in testimony Thursday afternoon, it brought out that the stabbing occurred at Zeh’s apartment on West 11th. Apparently Sims and his fiancee started to drive him to the hospital, but decided they need to call for an ambulance.
There was confusing testimony over what exactly happened with Sims fiancee and Senior Assistant District Attorney Steve Maxwell often interrupting each other during her testimony. She apparently gave a different version of what happened to detectives then what she testified to Thursday.
Detectives Dean Harcrow and Curtis Black also took the stand to testify what she had told them during the investigation.
Back on Feb. 6, Sims had been granted community corrections for crimes that included two counts of theft, forgery and giving a worthless check. Those crimes go back to July of last year. The hearing over whether to revoke those corrections will come on May 21, when the preliminary hearing will resumes.