The Kansas Court of Appeals has upheld the sentence for a 20-year-old murder suspect who was convicted of being in possession of cocaine prior to the murder last fall.
Isaac Devante Beltran appealed the conviction and sentence even though he was placed on community corrections. He states in the appeal that he believed the court erred when they didn’t suppress the evidence seized after a Reno County Drug Unit Detective, Shawn McClay reached into his pocket during a search of a home in South Hutchinson. The detective found two bags of cocaine along with 221-dollars in cash.
Beltran filed a motion to suppress which was denied by District Judge Tim Chambers, even though the judge characterized the search as “a close one.” He concluded the detective had probable cause to search Beltran when he ignored commands of the detective to take his hands out of his pocket and stop moving away from him. Beltran appealed the decision and that was denied Friday by the Appeals Court. They state that McClay suspected there was a crime or at least there was a “fair probability” that one was being committed.
Beltran was sentenced to 11-months in prison, then granted 18-months community corrections.
The case goes back to December 29, of 2010 when a search warrant was served on a home at 901 South Main in South Hutchinson.
Beltran has bigger problems now because of facing trial on charges of 2nd degree intentional murder and criminal possession of a firearm by a convicted felon. He was arrested as a result of the shooting death of 26-year-old Dustin Brooks in the alley behind the home where Beltran lived 203 North Cleveland Halloween night of last year.
Brooks suffered a gunshot wound to the torso and died after emergency surgery failed at Hutchinson Regional Medical Center.
That case is still pending, also in front of Judge Tim Chambers.