Judge takes issue under advisement in aggravated battery case

HUTCHINSON, Kan. — Anthony Jefferson, who was convicted for aggravated battery and battery of a law enforcement officer, continues to seek relief with his civil filing, a Habeas Corpus motion from 2009.

Jefferson’s complaint is ineffective counsel, with Tim Frieden, who at the time, headed the Regional Public Defender’s Office.

On Monday, his attorney asked whether the victim, Jesse Villa, wanted to retract statements made to law enforcement at the time of the crime. He apparently made some written statement to that effect while he was serving time in prison. He’s currently in the Reno County Jail on another matter and was brought to the courtroom where he pretty much refused to answer questions of Jefferson’s attorney, Carl Maughn, invoking his fifth amendment rights. He was represented in court Monday by Justin Bravi with the Regional Public Defender’s Office who warned him he could be charged with perjury over the testimony he gave at the preliminary hearing. That testimony was used at trial when Villa refused to testify and was found in contempt. Jefferson is arguing over whether his right to confront Villa at trial over his testimony was violated.

Judge Rose allowed the written statement in evidence in the hearing where Villa retracted statements and testimony in the case, even though he wouldn’t answer any questions about that written statement.

Jefferson was convicted of aggravated battery for shooting at Villa. He was hit in the ear with a .38-caliber handgun in the early morning hours of Feb. 1, 2004, and given a 15-year sentence in that case.

The judge took the issues under advisement and gave no indication on when she might issue an opinion.

Judge sets trial date in indecent liberties case

HUTCHINSON, Kan. — A man who entered a “not guilty” plea to a single charge of aggravated indecent liberties with a child was in court Monday for a pretrial hearing.

Etric Jones II was arrested for the alleged crime, which occurred back on Dec. 13, 2012. The girl, who was 15 at the time, didn’t report the crime until Feb. 1, 2013, which led to the investigation’s beginning.

Jones, who was 18 at the time of the crime, is alleged to have forced the girl into inappropriate sexual relations. She claims that she told him no, while Jones claims she never said that. The two are said to have left school together, parked in an alley and things escalated from there.

Judge Trish Rose set a trial date of March 31 and a motions deadline of Jan. 30.

The charge is a level 3 person felony with a sentencing range between 55 and 247 months in prison. He is free on bond.

Judge orders sanctions for correction’s violations

HUTCHINSON, Kan. — A 26-year-old man who was recently bound over for trial in two cases from October was before Judge Trish Rose late Friday for a hearing over whether his sentence for three other cases should be served. The state wanted Scott Lutz to serve the sentences, while the defense argued against it.

He had earlier declined to stipulate to violating his community corrections in these other cases in exchange for the state dropping the two most recent cases, but the catch was that he would be required to serve the over 18 years in prison. Judge Trish Rose didn’t go that far, instead ordered that he be sanctioned for violating his corrections in all three cases and will serve roughly six months in prison, that according to Assistant District Attorney Andrew Davidson. He would then be placed on community corrections for three years.

The prior convictions include felony flee and elude, obstruction, manufacturing or attempt to manufacture methamphetamine, robbery, possession of a precursor to manufacturing meth, two counts of possession of drug paraphernalia and criminal damage to property.

Lutz is scheduled to be arraigned on Jan. 5 for the two latest cases. In the first, he’s charged with two alternate counts of felony flee and elude and misdemeanor theft. This is the chase where he nearly struck a teenage girl who had gotten off a Buhler school bus and was about to cross the street. That was on Oct. 8. The second case involves the incidents on Oct. 12 when he was allegedly hiding in an attic of a residence and may have set a small fire in the attic. He was eventually forced out and gave himself up when they sprayed water into some holes in the roof. Charges in this case include aggravated arson, interference with law enforcement and battery of a law enforcement officer.