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UPDATE: Technicality on one charge of arson delays sentencing

SCOTT LUTZ 5

HUTCHINSON, Kan. — The man convicted in two cases from last year who entering pleas was scheduled for sentencing Friday, however there is apparently some problem with the plea on one of the charges.

Scott Lutz at one point was charged with aggravated arson, but as part of a plea agreement, he entered a plea to arson, a level five felony when it should have been a level six. Senior Assistant District Attorney Steve Maxwell wasn’t sure what to do, whether they should renegotiate the plea agreement. It would effect the number of months handed down for that charge. Defense Attorney Steve Osburn told the judge that he might need some time to speak with Lutz over this issue. Judge Tim Chambers decided to continue the sentencing hearing and at one point wanted to reschedule the hearing for Friday afternoon. But, Osburn told the judge he would busy in another courtroom and didn’t think that would be possible.

In the first case, Lutz entered “guilty pleas” to felony flee and elude and possession of stolen property. This case goes back to Oct. 8, 2014 when he led law enforcement on a high-speed chase which reached speeds of over 100 miles per hour. It was called off after Lutz passed a school bus and there was a concern on the part of law enforcement for public safety. He was last seen around 108th and Halstead in extreme northeast Reno County.

On Oct. 12, Hutchinson police got information that Lutz was hiding in an attic of a residence located at 415 East B. Officers responded to the home and established verbal contact with him, but he refused to comply and set a small fire in the attic. With the assistance of the Hutchinson Fire Department and the Reno County Sheriff’s Office, officers gained access to the attic and placed Lutz into custody without incident.

In that case he entered pleas to arson, battery of a law enforcement officer and interference with law enforcement.

With this technicality in the law on the one charge, it’s unclear when the sentencing hearing will be held. When it is, we’ll let you know.

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