UPDATE: Aggravated Robbery Case Comes Back to District Court For A New Trial

Posted 2 years ago

By Fred Gough

The 45-year Hutchinson man whose case was ordered back to District Court was not in court Friday morning for a pre-trial hearing. However, Douglas Plummer is expected to be brought back to Hutchinson in two weeks for another hearing.

District Judge Trish Rose did assign Wichita Attorney Alice Osburn to represent Plummer for future hearings.

Plummer was convicted of aggravated robbery and the Supreme Court agreed with the Court of Appeals, that the case should come back to District Court for a second trial.

Plummer was arrested in what was thought to be a simple shoplifting case, but the state charged him with aggravated robbery and a Reno County jury found him guilty. He was sentenced to over 19-years in prison.

The Court of appeals last April agreed with the defendants argument that the court erred when they didn’t include a lesser included offense of “simple robbery” or “theft.” The Appeals Court ruled that a defendant is entitled to have a jury instruction on the law applicable to their theory or defense if there’s evidence to support that theory. The Supreme Court agreed.

As we have been telling you, Plummer was convicted after he went into Target in Hutchinson and attempted to steal merchandise, and when he attempted to leave was confronted by employees. He then allegedly battered at least one of those employees resulting in the charge being jumped from shoplifting to robbery. The alleged incident occurring at 1529 East 17th in Hutchinson back on March 24, 2008.

He allegedly battered an employee, Tony Schwauber as he attempted to stop him between the two sets of doors at the store, and it then moved outside where a number of employees were allegedly able to knock him down until police arrived.

While the state contended it was aggravated robbery, the defense contends it was shoplifting and that the Target employees over-reacted.

Plummer had served time in prison for robbery in a case going back to 1997 and was paroled back in 2003.

He’s also serving time for criminal deprivation of property, driving while suspended, and flee and elude convictions out of Saline County, and two counts of forgery and aggravated assault convictions out of Sedgwick County.

  • stopwasting mymoney

    Who was the prosecutor that screwed this up and cost the county thousands?? I believe his initials are K.S another waste of tax payer money because he doesn’t know how to do his job. I’m tired of having to pay to send these guys to trial twice you’d think he would try and do it right the first time.

  • DUH dummy!

    “The Court of appeals last April agreed with the defendants argument that the court erred when they didn’t include a lesser included offense of simple robbery or theft.”

    Know what you’re talking about before you spew trash out of your mouth. ‘The court’ is the presiding judge, which is the person that instructs the jury before they are sent to the jury room. The prosecutor AND the defense attorney both have the a chance to argue any of the instrustions and attempt to have them changed. Don’t put all the blame on Keith, it rests on several people here. But I’m sure the defense attorney knew it should have been included in the instructions and chose to ignore it in order to ask for a new trial later.
    Now you have more knowledge about how the system works. I trust you will consider this information next time you are tempted to say such senseless things.

  • Disgusted

    Hutchinson courts ought to be ashamed of the way they handled this case-injustice at the upmost-and a definite waste of taxpayers money. Get it together reno co legal system