HUTCHINSON, Kan. – After the Kansas Court of Appeals vacated part of the conviction and sentence for a Burrton man convicted of all the charges associated with an accident where he struck another man with his motorcycle causing the victim to lose his leg will not be prosecuted again.
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.
The Kansas Court of Appeals ruled that two of the charges are basically the same and reversed the conviction. They also reversed the conviction for failing to report an accident, stating that the statute which he was charged under was repealed at the time of the offense.
The appeals court goes on in stating that criminal intent is a necessary element of leaving the scene of an injury accident, the court committed reversible error by not including that element in its instruction to the jury. They order a new trial in that charge.
During a court hearing late last week, the state indicated that they weren’t sure they could find some witnesses and decided to drop the remaining charges.
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.
The defendant left the scene, but turned himself into police the next day after he realized he had struck Nusser.