HUTCHINSON, Kan. – A 32-year-old man sentenced to roughly 28 years in prison was in court Monday where he was allowed to represent himself and even present evidence for a motion for a new trial.
The Kansas Court of Appeals last year sent the case against Deron McCoy Jr. back to District Court because Judge Tim Chambers said no to allowing him to represent himself at sentencing and didn’t make a record of why he didn’t allow it.
McCoy was convicted of most of the counts against him involving a standoff with police, wanted to be his own attorney during the sentencing hearing. Judge Chambers said no, but apparently did so without what the Kansas Court of Appeals says was not a proper inquiry in the matter.
In court, he argues that officers didn’t have probable cause to enter the motel room where he held them at bay for 4 hours. He is apparently suing them in federal court claiming excessive force. He presented the state with all of the depositions from that law suit. He also filed a motion for a new trial based on what he claims is newly discovered evidence, but the state apparently didn’t get have a copy, so wasn’t prepared to argue issues contained in it.
After arguments from both sides, Judge Chambers gave McCoy 30-days to put in any arguments he wants to make to be granted a new trial. Then the state will be given 30-days to file their own brief in response.
The case centers on a domestic dispute when McCoy and the mother of his child were arguing over whether he would give her their child, but also whether she would enter the motel room.
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 because they learned he had a gun and also because of fear for a child in the room. McCoy allegedly pointed the gun in the direction of a woman he calls his sister. He was also 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. That was back on March 24, 2011.
He was convicted of kidnapping and a number of charges of aggravated assault of a law enforcement officer, aggravated endangerment of a child, criminal possession of a firearm and possession of opiates.
So, any re-sentencing in the case is on hold. Once the case is rescheduled, we’ll let you know what occurs at the next hearing.