The 29-year-old man convicted and sentenced back in February to around 28-years in prison and filed a motion on his own asking for a hearing over restitution in the case was decided quickly on Friday.
Apparently, Deron McCoy’s appeal in the case can’t proceed because of some confusion in the journal entry into the case over restitution. McCoy in his motion say at sentencing, the restitution was left open to determine how much should be paid to law enforcement over over-time pay which his counsel objected to. But, the state recalled the request for restitution which he says was recorded in the court minutes, but never in the journal entry.
In May, the Court of Appeals issued an order to show cause that they were dismissing McCoy’s appeal because of lack of jurisdiction. Apparently, the notice of appeal was filed prior to the completion of the sentencing, namely any restitution in the case.
Judge Tim Chambers made for a quick resolution to the issue Friday when he stated that the state had recalled any request for restitution and the issue was closed. That means McCoy can refile an appeal in the case.
McCoy was convicted back on January 27 of most of the counts against him involving a standoff with police back in March of last year. McCoy was staying in a room at the Budget Inn Motel at 4th & Washington. After repeated attempts to contact him, police officials decided to rush into the room, and McCoy allegedly had a gun pointed in the direction of a woman he calls his sister, and is also accused of using the baby as a shield in front of his head when officers entered. He denies that he ever held the baby to shield himself.
There is an appeal bond of 250-thousand dollars in the case, however McCoy has never been able to come up with the funds needed to post it.