TOPEKA – After the Kansas Court of Appeals upheld the conviction of a Hutchinson man, his case was heard by the Kansas Supreme Court and they denied the appeal for 60-year-old Willie Dale.

Dale was found guilty of attempted 1st degree murder, aggravated robbery, and three counts of aggravated assault after a jury trial in November of 2007.

The argument before the high court was whether District Attorney Keith Schroeder should have been allowed to show a redacted video in tape which was slowed down. The point of showing the slowed version of the video was to help the jury see the events unfold.

The high court stated in their opinion that the state didn’t abuse its descretion by admitting the slow motion video depicting the defendant shooting at now retired Police Lt. Clay Rothe.

The case involves events surrounding the robbery of Absolutely Flowers at 1328 North Main back on December 10, 2005. Dale came in the store and demanded cash. He apparently pointed the gun at co-owner Karen Maness, and also threatened others in the store.

He later left on foot, pointing his gun at two men following him and firing one round at them. Later he pointed the gun at an employee inside the garage at Elliot Mortuary.

A short time later while still trying to get away, he fired two rounds at Rothe with the officer then returning fire striking Dale in the leg. That was the slowed tape from Rothe’s patrol vehicle.

Dale is serving nearly 63 years or basically the rest of his life in prison.