HUTCHINSON, Kan. — Both sides rested in a quick trial for the 27-year-old man charged with attempted first degree murder. The charge against Micheal Sherman comes after he allegedly attacking Reno County District Attorney Keith Schroeder.

Sherman is alleged to have attacked Schroeder after retired Judge William “Buck” Lyle upheld his sentence in the child sex case. He is alleged to have jumped on Schroeder who was sitting at the prosecution table a few feet away. This allegedly occurring back on July 10, 2013.

He took the stand and admitted that he had planned it for sometime and saw the hearing that day as his last chance to get at Schroeder. Questioned by the state, he admitted that choking someone could kill them, but says it depends on how long. Sherman had earlier indicated that he wouldn’t take the stand, but apparently had a change of heart.

The state contends that the attack was premeditated because Sherman was upset that Schroeder didn’t back a lesser sentence then life in the aggravated sodomy charge he was convicted on. The state has contended all along that the defendant planned what he was going to do the night before. The defense doesn’t deny that the attack occurred, but says Sherman never intended to kill Schroeder saying there was no premeditation to kill. They asked for a judgment of acquittal which was denied.

Schroeder also took the stand and told the jury there had been no plea agreement in the sodomy case meaning both sides were free to argue disposition.

He says he was looking down at a text message he received during the hearing when he was hit from the side and behind, but somehow ended on top of the defendant. He says he was in a head lock and could feel the chains. He says he kept his head down to keep his airway clear. He says there were also times when he felt the defendant jerking his head.

Schroeder said he had marks on his neck which showed where the chains were around him, a mark behind his ear that was very tender and an abrasion on his forehead as result of the attack.

You may recall that Sherman had been sentenced to life in prison with no chance of parole for 25-years for a conviction of aggravated criminal sodomy. Judge Rose last month departed from Jessica’s law making the crime of aggravated criminal sodomy, a level one person felony and sentenced him to 13 years, 9 months in prison.

How it was missed during jury selection is unclear, but one of the jurors apparently works at the Hutchinson Correctional Facility. Prior to testimony resuming Tuesday afternoon, they questioned that juror outside the courtroom and then both sides requested that the juror be dismissed.

Jury instructions and closing arguments are expected Wednesday morning.