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Man convicted in standoff case with police sentenced to 28-years (UPDATED)

29-year-old Deron McCoy Jr.. convicted back on January 27 of most of the counts against him involving a standoff with police will spend the next 335-months or roughly 28-years in prison. That was the sentence handed down Friday afternoon by Judge Tim Chambers.

The judge had denied a motion for a new trial and judgment of acquittal in the case and also any downward departure.

His attorney, Alice Osburn argued that a judgment of acquittal should be granted because of police choking him to the point that he became unconscious. She argued that they believe the officers involved were the aggressors.

She also talked about his past criminal history that included burglary when he was 12-years-old, an aggravated battery and aggravated assault conviction when he was 17, but says those were committed while he was a juvenile.

But, she also talked about his McCoy was trying to get his life back in order, was attending Wichita State University, studying criminal justice, and believe it or not, wanted to become a lawyer. But, she added that he was also the primary care giver to his child.

She also argued that he was cooperative in the investigation into the Jennifer Heckel murder, having two interviews with KBI Special Agent, Jeff Newsom. She wanted the judge to consider community corrections as opposed to a prison sanction.

But, Deputy District Attorney Tom Stanton argued there are no grounds for corrections. He says he has three person felonies, and three misdemeanors.

He called what happened on March 22, of last year, an “extremely dangerous situation.” He says McCoy blames law enforcement for what happened, but it was his actions that night that led to all these convictions. He says officers put there life on the line to protect the other two in the motel room with McCoy. He says he had 15-rounds, and had he choose to fire, they would have been sitting ducks. He also called out the defense argument that he didn’t use his child as a human shield, saying he in fact did.

Stanton asked for a total of 401-months in prison saying he put those officers in danger, and he could have stopped it at anytime during the standoff, ending it peacefully, but didn’t.

McCoy when allowed to speak again blamed law enforcement, all but calling their reaction “overkill.” He says he was not on corrections or parole at the time of this incident, and also mentioned him attending WSU.

He also complained about the jury hearing that he was in jail, and unable to make bond, saying that prejudiced his case right there.

McCoy had been charged with 18-counts involving the standoff, but was only convicted of 12.

Judge Chambers gave McCoy 233-months on the primary offense of kidnapping and then additional months on the other 11-counts. He ran some concurrent to the kidnapping, and others consecutive for a total of 335-months, or 28-years in prison.

The judge disagreed with McCoy that officers over-reacted, saying they showed amazing restraint. He says the kill order had been given, but they didn’t follow through.

The case centers on domestic dispute when McCoy and the mother of his child were arguing over whether he would give her their child, but also whether she would enter the motel room.

McCoy was staying in a room at the Budget Inn Motel at 4th & Washington. After repeated attempts to contact him, police officials decided to rush into the room, and McCoy allegedly had a gun pointed in the direction of a woman he calls his sister, and is also accused of using the baby as a shield in front of his head when officers entered. He denies that he ever held the baby to shield himself.

The Appellate Defenders Office was assigned to represent him on any appeals, and Judge Chambers set an appeal bond of 250-thousand dollars.

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