By Lucky Kidd
McPHERSON COUNTY, Kan. — The Kansas Court of Appeals has reversed dismissal of aggravated assault charges against a McPherson man from a January 2020 incident where he allegedly pointed a gun at two owners of a local business in a case COVID-19 figures prominently in.
McPherson County District Judge John Klenda had dismissed with prejudice charges against Reynaldo Contreras-Avila on grounds his speedy trial rights were violated. The delays began when, right after the only defense continuance in proceedings was granted, COVID-19 shut down much of the court system.
After jury trials were allowed to resume, another delay occurred when Contreras-Avila’s attorney was stricken with COVID and later passed away. Yet another delay came five days before a jury trial was to start due to prosecutor concerns about a new COVID variant and how it might aggravate a pre-existing health condition of his.
After several motions on both sides these charges were dismissed by prosecutors, then refiled in October, 2021, though a summons for Contreras-Avila to appear was not executed for more than two months. After more delays Judge Klenda granted a defense motion to dismiss with prejudice.
While a notice of appeal was timely filed, the state missed two deadlines to file briefs and it was dismissed. However, it turned out the Attorney General’s Office, which was handling this appeal, wasn’t properly monitoring it, though the court did later reinstate the appeal.
In its ruling the court said while delays were prejudicial on the surface, it also cited “catastrophic conditions unlikely to be repeated during our lifetimes” in reinstating the charges.
