HUTCHINSON, Kan. – A 44-year-old Burrton man convicted of all the charges associated with an accident where he struck another man with his motorcycle causing him to lose his leg is appealing his conviction even though he was granted probation in the case.
Robby Heironimus was found guilty of leaving the scene of an injury accident, which is a felony because of injuries occurring. Other charges include failing to report an accident, driving while suspended, failing to give information and having an illegal tag. He was granted 18 months probation on a 24-month underlying sentence.
It was back on May 12, 2012, when Heironimus was riding his motorcycle and struck 26-year-old Jeffrey Nusser as he attempted to cross Main at 19th in Hutchinson. Nusser was taken by air-ambulance to Via Christi St. Francis Regional Medical Center in Wichita for trauma to his right leg resulting in it being amputated below the knee.
Heironimus is appealing whether the evidence at trial was sufficient and also jury instructions in the case, that according to Assistant District Attorney Andrew Davidson who prosecuted the case.
Oral arguments involving the appeal are scheduled for Tuesday.