A 27-year-old Hutchinson man charged with attempted first degree murder after he allegedly attacked Reno County District Attorney Keith Schroeder was bound over for trial Wednesday morning after a preliminary hearing in front of Judge Joe McCarville.
Michael Sherman is charged with the attempted murder count or in the alternative, aggravated battery. The case is being prosecuted by the Kansas Attorney General’s Office and a former Assistant D-A for Reno County, Greg Benefiel.
Sherman is alleged to have attacked Schroeder after retired Judge William “Buck” Lyle upheld his sentence in a child sex case. Sherman is alleged to have jumped on Schroeder who was sitting at the prosecution table a few feet away. This occurring back on July 10, 2013.
Schroeder testified that he at first thought the ceiling had fallen, but quickly realized that it was Sherman on top of him. He told the court that Sherman yanked his head when he put the chains around his neck. Schroeder had been injured in an earlier accident, so was concerned about his neck being injured again. He says he could hear others around him ordering Sherman off of him including the defendants mother. He says at some point he ended up on top of Sherman and preferred it that way. He says he had his head in Sherman’s chest area as they rolled on the floor. He says once other officers were able to get him free, he chose to stay on the floor until he was sure that Sherman’s feet were secure.
Schroeder said he had marks on his neck which showed where the chains were, a mark behind his ear that was very tender and an abrasion on his forehead as result of the attack. He did go to same day care at the Hutchinson Clinic as a precaution, where they did an x-ray of his head and neck
Also on the stand was Sheriff Deputy Lance Francis who was working STAT at that time for the jail. He says he jumped on both men and put Sherman into a choke hold. He says it started when Sherman acted like he was going to say something to his attorney at the time, Kelly Driscoll. But, then stood up, took two hops and then dove on Schroeder who was sitting in the middle chair at the prosecution table. He says he kept giving commands for him to let go, but he didn’t respond. He says others then began in assist including fellow STAT officer Bryce Agnew and KBI Special Agent Jeff Newsum.
Newsum also took the stand and said when he came into the courtroom, officer Francis had his arm around the defendant’s neck and the Sherman had a choke hold around Schroeder’s neck and appeared to be choking him. He says he assisted in pulling the defendants hands and wrist loose.
After both sides rested, Defense Attorney Pete Orsy argued that the count of attempted murder should be dropped because there was no premeditation and no indication that his intent was to kill. But, Judge Joe McCarville says the thing about strangulation is that it takes time. He says Sherman purposely put the chains he was in around Schroeder’s neck, and says he had time to think about what he was doing. He says there is plenty of evidence for jury to conclude that there was premeditation and found probable cause for the case to proceed to arraignment and possible jury trial. Sherman will be arraigned on the charges on March 3, in front of Judge Trish Rose.
Sherman is serving a life sentence for aggravated criminal sodomy of his own infant child back in August of 2012. He was sentenced under Jessica’s law.