HUTCHINSON, Kan. — After District Judge Trish Rose ruled in favor of a number of defense motions to suppress evidence in a case involving a 29-year-old man charged with robbing LoanMax Title Loans, the Kansas Court of Appeals ruled Friday that her decision was deficient in finding of facts.
The case against Jerry Allen Anderson Jr. was ordered back to District Court with instruction for what they need to see to make a decision on the state’s appeal of her ruling.
It was back on May 4, 2015, when the crimes allegedly occurred.
Anderson is charged with aggravated robbery after he allegedly walked into the business and demanded money at gun point. He got away with about $1,400 and left in a black four-door automobile, which police found at a residence he shares with Adina Smith.
The defense challenged the identification by the alleged victim, arguing that the victim was shown seven photos and narrowed it down to two. They then argue that the victim didn’t make a positive identification until the preliminary hearing when Anderson was at the defense table and was the only black male in the courtroom.
They also argued that the video tape from a nearby motel does not depict Anderson getting into the black or dark blue vehicle believed to belong to Adina Smith, saying that video shows what happened an hour before the robbery. Police believed that to be her vehicle, which led to her residence and the arrest of Anderson.
Defense Attorney Sarah McKinnon argued at the suppression hearing that, as part of Kansas Law, his parole officer can only search or grant a search of the parolee’s person and not his residence. District Attorney Keith Schroeder argued then that McKinnon is not using the correct statute in law. He says a parole officer can search a residence of a parolee at any time for any reason.
So, the case will come back to Judge Rose with instructions for making her ruling in suppressing evidence in the case, then the state’s appeal of her decision will continue before the appeals court.
Anderson has prior convictions of aggravated robbery from 2007, but also has a conviction for felony flee and elude. Both convictions are from separate incidents out of Leavenworth County.