HUTCHINSON, Kan. — The sentencing hearing for a 35-year-old Hutchinson man has been continued a second time because the defendant has filed a motion to withdraw his pleas.
Sonny Bray entered “guilty” pleas to felony flee and elude, criminal possession of a firearm, that being a shotgun, battery of a law enforcement officer, aggravated battery and felony theft.
In the motion, the defense argues that Bray didn’t fully understand that the plea agreement is between him and the state and that both sides will make recommendations to the judge at sentencing, but that judge is not bound by any agreement. Judges tell defendants when they enter the pleas that they will listen and consider the recommendations, but can order a sentence they believe to be fair to both sides based on the law and facts of the case.
There is also some question over how much jail time credit he may receive since his arrest on Sept. 26, 2014, through March 27, 2015.
Judge Trish Rose agreed to set a hearing at a later date to hear arguments over the motion to withdraw.
Bray was arrested on July 19, 2015, after law enforcement officers who were looking for him got word of where he was. When they located him, he allegedly fled from officers and, during that chase, allegedly threw the shotgun from the vehicle. He then allegedly struck a parked semi-trailer and later a curb and a stop sign, causing the vehicle to become disabled. He then fled on foot, but was quickly captured. That occurred back in July.
In the aggravated battery with a deadly weapon case, he struck a man with a glass bottle. That occurred back in April of last year.
In the third case, he was convicted of battering a law enforcement officer for a case that goes back to September of 2014.
So, again the sentencing is on hold.