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Archive for Saturday, March 1, 1997

WOULD-BE KU STUDENTS SENTENCED IN ROBBERYKIDNAPPING

March 1, 1997

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Two area high school graduates convicted in the August armed robbery of a Lawrence drive-in restaurant were each sentenced on Thursday to more than four years in prison.

Michael A. Horner, 19, Lecompton, and Dominik D. Kilpatrick, 19, Lawrence, were sentenced to four years and one month with Kansas Department of Corrections. Horner and Kilpatrick pleaded guilty in January to kidnapping and aggravated robbery, both felonies.

They were each sentenced to 49 months on both charges, but District Judge Michael Malone ordered the sentences to be served concurrently.

As part of a plea agreement, a conspiracy to commit robbery charge and two kidnapping charges were dropped.

Attorneys for both filed for "motions for downward departure" from the standard sentence set forth by state sentencing guidelines. Horner and Kilpatrick requested that they be sent to state boot camp in Labette County. Malone denied the requests.

Assistant Dist. Atty. Jerry Little said there were several reasons why the requests were not granted, among them "that the crime involved use of handguns. ... The judge did not find substantial and compelling reason to depart."

Kilpatrick and Horner had no criminal record prior to their arrests.

In August, before they had started fall classes at KU, Kilpatrick and Horner escaped with several thousand dollars after locking employees and a customer of Sonic, 3201 W. Sixth, in a walk-in cooler, and keeping the manager on the floor at gunpoint.

Horner, a graduate of Perry-Lecompton High, and Kilpatrick, a Lawrence High graduate, were arrested in October through anonymous telephone tips to Kansas City and Lawrence police.

Malone ruled in January that a recorded statement given to police by Kilpatrick could be used during trial. The entering into evidence of a similar statement given to police by Horner was not challenged by Horner's attorney.

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