HUTCHINSON, Kan. — A 35-year-old man who was charged with aggravated battery in 2003 by then Assistant District Attorney Terry Bruce wants the charge dismissed.

Daniel Quintana allegedly battered Philip Russell here in Hutchinson during an altercation on July 19, 2003.

The case is just now making it through the court because Quintana apparently took off for California and was located earlier this year and brought back to Kansas.

The defense argues that the warrant wasn’t served until this summer, nearly 13 years after it was issued and nearly eight years after the statute of limitations expired. They are claiming unreasonable delay and want the case dismissed with prejudice.

The hearing in the motion is scheduled for Thursday in front of District Judge Tim Chambers.

Quintana had absconded from parole for a conviction of attempted aggravated indecent liberties with a child for a case out of Ford County in 1998 and took off for California. They again found him in that state this past summer.