HUTCHINSON, Kan. – The preliminary hearing for two Kansas Department of Corrections inmates charged with attempted capital murder, or in the alternative — aggravated battery, was continued Monday morning for two different reasons.
Twenty-two-year-old Jerrod Green (top left) and 31-year-old Juan Garza (top right) are both charged in the case, but neither defense attorneys had seen a video the state intended to present, which apparently shows what happened.
The second reason is that the attorney representing Green is leaving the Regional Public Defenders Office as of Sept. 25, that being Jesse Landes. That means another attorney will need to be appointed.
The two men are alleged to have attacked another inmate, Miguel Garcia, with what the state alleges was to kill him, but failed to accomplish that. However, Garcia was injured, resulting in the alternate count of aggravated battery. The alleged crime occurred on June 12, 2014.
Green apparently at one point entered a plea, but then withdrew that plea, so the case is proceeding to a preliminary hearing. Judge Chambers didn’t set a new hearing date at this point, but expects it to be sometime in early October.
Prior to Judge Chambers agreeing to continue that case, Green was read the charge of aggravated battery the state has filed for an incident inside the old Reno County Jail. In this case, Green is alleged to have battered another inmate, Ross Chaney. The judge moved that case to a waiver-status hearing on Sept. 30
Green is serving time for a crime of aggravated battery out of Finney County. Garza is serving time for aggravated robbery, aggravated battery and drug convictions out of Seward County.