HUTCHINSON, Kan. — Magistrate Judge Cheryl Allen Monday agreed to the continuance of a preliminary hearing against a 30-year-old man after the victim of the case failed to show for the hearing.
Eric Peirce is charged with two counts of aggravated assault with a deadly weapon, aggravated battery with a deadly weapon and criminal threat.
The defense wanted the charges dropped, arguing they were ready for the hearing. His attorney argued that he was told that they had a firm hearing date. Judge Allen snapped back saying, “I never said I would dismiss the case if there was a request for a continuance.”
She granted the continuance to allow the state time to locate the victim and warned that if she didn’t show for the next hearing, she would dismiss the case.
The crimes in this case occurred on two different dates, one on Feb. 14 and the other on May 12, and again involves the same victim. He is alleged to have threatened the victim with a handgun during the February incident and a shotgun in the second. He is then charged with the aggravated battery charge also in May.
No new date was announced for this hearing.
The other case against Peirce occurred back in September during the Kansas State Fair when Reno County Sheriff Deputies, along with troopers from the Kansas Highway Patrol, responded to the disturbance involving an armed person.
An argument between the victim and Peirce had ensued earlier in the day and the victim left the house. When she returned, he allegedly pointed a rifle at her and, at some time during the scuffle, she was allegedly hit over the back of the head with a 9mm handgun.
He allegedly held officers at bay for a short time until Sheriff Sgt. Matt Tatro was able to finally make contact with him through text messaging and convinced him to come out and give up.
He was initially taken to Hutchinson Regional Medical Center where he was kept for observation and then booked into the Reno County Correctional Facility, where he remains.
This case is scheduled as part of a waiver-status docket this week.