One of two suspects in a string of burglaries involving law enforcement failed to get Judge Joe McCarville to disqualify the Reno County District Attorney’s Office from prosecuting that case.

The Defense Attorney for 21-year-old Victor Smith, Charlie O’Hara believes his client could be prejudiced when the case goes to trial because one of the victims in the case is an Assistant District Attorney. The vehicle belonging to Andrew Davidson’s wife was broken into during that spree.

But, Judge McCarville denied the request much as he did last year when he refused to recuse himself from the case saying the defense failed to prove that the local office isn’t capable of handling the case. McCarville is the only judge in the 27 th Judicial District who hasn’t recused themselves. Judge Tim Chambers who is also apparently a victim recused himself, as did Patty Macke-Dick whose daughter was a victim in the case. Judge Trish Rose also recused herself, although the reason there isn’t completely clear.

Smith along with 19-year-old Sheridan Kiraly are charged with 16-counts of auto burglaries which involve breaking into police and sheriff vehicles, vehicles belonging to public officials or their families, and private citizens. One of the burglary cases occurring on July 1, but most allegedly occurring on Sunday July 3.

Smith in a separate case is also charged with possession of marijuana. He’s charged with possession of cocaine with intent to distribute, possession of marijuana, and possession of drug paraphernalia with intent to package, personal use drug paraphernalia and no tax stamp. Also arrested was 19-year-old Michael Kirk who was charged with possession of marijuana.

Officers says they found a safe in closet in a bedroom, and inside, there coin sized Ziplock bag containing what they believe was powder cocaine, about 3.5 grams. They also allegedly found two digital scales which they alleged had white powder residue on them, as well as additional new Ziplock bags. In a freezer, they allegedly found marijuana, and also in the kitchen were two bongs that smelled of burnt marijuana.

Judge McCarville set a motion deadline in the case against Smith for February 10, and then will set a hearing date for those motions.