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Archive for Wednesday, April 26, 1995

FIVE TO STAND TRIAL FOR HOUSE SHOOTING

April 26, 1995

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A district judge will let a jury decide whether five defendants are guilty of charges filed related to gunshots fired at a Lawrence residence.

A Douglas County judge ruled late this morning that five people should stand trial on charges stemming from the shooting of a southwest Lawrence home last month.

Curtis R. Smith, 18, Lawrence, Deedric O. Hagans, 17, Topeka, and Carlos M. Fonseca, 17, Lawrence, each are charged with two counts of aggravated assault. Jonathan O. Hagans Jr., 18, Topeka, -- who is Deedric Hagans' brother -- and Diana W. Micco, 27, Lawrence, each are charged with two counts of aiding and abetting aggravated assault.

Arraignment and trial setting for all five defendants was set for May 5.

Before deciding the defendants should stand trial, District Judge Ralph King Jr. considered preliminary hearing testimony given by six witnesses. Among those witnesses were two Lawrence police investigators who took statements from Fonseca and Micco.

The statements were introduced as evidence during the preliminary hearing only for the information they contained about Fonseca and Micco.

Detective Mike Pattrick testified this morning that Fonseca said he, Smith and Deedric Hagans "lit up" the home at 2520 Morningside Ct. and a car parked in the driveway early the morning of March 11. The shooting, according to Fonseca, was in revenge for a beating Smith received earlier that morning during a fight outside Los Amigos, 508 Locust.

Fonseca also told the detective that he was intoxicated at the time of the incident and that he thought each of the five shots he fired struck the car.

On Tuesday, Officer Mike McAtee said Micco admitted during her interview that she drove her co-defendants to the home.

Micco told McAtee the group drove to the residence after leaving an apartment in the 2900 block of West 15th. While at the apartment, she saw the men loading guns, she said.

Micco said that Jonathan Hagans gave her directions to the home and that she drove past the residence once before stopping. She said Smith, Fonseca and Deedric Hagans then got out of the car and instructed her to wait for them.

"She said she heard multiple gunshots, which she described as 'pow, pow, pow'," McAtee testified.

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