HUTCHINSON, Kan. – Even though a jury found a Kansas Department of Corrections parolee guilty of making a criminal threat against his parole officer, Judge Trish Rose granted a defense motion for judgment of acquittal, meaning the conviction is no more.
Thirty-three-year-old James Brown was convicted of the charge for threatening to burn down Stefaney Suro’s home, calling her a bad name and saying he wished she would die. A jury found him guilty of the charge after a brief trial where the defendant took the stand and denied ever saying it. The threat apparently was not made directly to his parole officer, but in fact to another parole officer who came to see him while he was incarcerated on the parole violation. The alleged threat came on Dec. 30, 2014.
The defense argued that he shouldn’t be convicted because, after he made the threat, he told the parole officer that he didn’t mean it and that he was just angry because his parole officer had told him she was going to send him back to prison for a parole violation, one for using methamphetamine after he was paroled on Dec. 19, 2014, but also for failing to report to a parole officer after his release. He finally voluntarily reported on Dec. 29.
Judge Rose stated in court that she thought the comment or threat was taken out of context, saying he immediately stated he didn’t mean it and apologized. She admits it rare for a judge to grant such a motion, especially after a jury found him guilty, but did anyway, saying she believes it’s “justified” in this case. Because Judge Rose granted the judgment of acquittal in this case, the state cannot appeal.
Brown has been serving time for drug convictions out of Finney County and he will most likely be sent back to prison to serve the remaining time of that sentence.