HUTCHINSON, Kan. — A 34-year-old man who was sentenced to seven years and six months in prison for involuntary manslaughter was denied any relief from that sentence.
Kevin Wayne Ginn Jr. was convicted of stabbing 24-year-old Deshamus Diron Luckey during a large disturbance just after 2 a.m. New Year’s Day back in 2016. It happened in the area of 8th & Madison.
He was originally charged with voluntary manslaughter, but the state amended the complaint to murder in the second degree and added two other counts of voluntary manslaughter and aggravated battery as alternate counts. He entered a plea to one count of involuntary manslaughter with the other charges dropped as part of the agreement.
He now claims ineffective assistance of counsel and wants relief from the sentence. He argued that local attorney Shannon Crane did not work with him in talking with witnesses who could have helped his case if it went to trial. He also complained that he wasn’t given the video as part of discovery and other pages of discovery before trial. He was also upset because she didn’t ask for a gag order to keep items related to the case from being released to the media and public.
He also had some issues with the affidavit in the case put together by Hutchinson Police Detective Dean Harcrow. On the stand, Crane said she discussed that document and some of the inconsistencies of witnesses with Ginn.
Ginn also claimed he was pressured into entering the plea and still argued his innocence, believing he acted in self-defense. District Attorney Keith Schroeder asked Ginn why he didn’t say it was self-defense when he entered the plea or when he was sentenced. Ginn said his attorney argued there was enough evidence that he could have been convicted by a jury. He also claimed he didn’t understand some of the language in the written agreement.
In denying the civil motion, Judge Tim Chambers noted that Ginn could have been convicted of manslaughter or even second-degree murder. Chambers said Shannon Crane was very credible on the stand during the hearing, while Ginn was not credible at all. Though the motion was denied, Ginn can appeal.