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Archive for Thursday, August 28, 2008

Attorney requests Del. Street shooting suspect be tried as juvenile

The district attorney says a botched robbery for drugs and money resulted in a June double-homicide at an east Lawrence home.

August 28, 2008

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During a Thursday morning hearing, the attorney for a 17-year-old accused of killing a Baker University student during a June 7 botched robbery said his client was accused of firing the fatal shots.

But Craig Stancliffe, a defense attorney for Kellam D. Jones, hopes to convince District Judge Michael Malone that Jones should be tried as a juvenile in the case.

"What we're supposed to be doing is determining whether or not this child is so far gone that we have to just treat him as an adult criminal and give him life imprisonment or whether he's young enough that he can be saved," Stancliffe said.

An alleged accomplice, 18-year-old Gage Hauk, also was shot and killed during the incident. Douglas County District Attorney Charles Branson said that Jones and Hauk early in the morning went to the east Lawrence residence in attempt to commit a robbery for drugs and money.

The resident, Roland Klundt, 20, came to the back door with a shotgun, the attorneys said Thursday. After Jones and Hauk tried to kick in the door, Klundt opened the door and shot Hauk, who had an air pistol, in the chest, killing him.

Jones then retreated into the back yard and fired shots at the door with a rifle. The shots struck and killed Klundt. Branson said Jones fired at least eight times. He also said that weeks earlier Jones was involved in an attempt to commit a robbery at the 1311 Del. residence, but that attempt was thwarted.

After the June 7 shootings, Jones ran away and hid. He discarded a sweatshirt and the rifle. Branson said Jones told another friend during a rock concert that Saturday about what had happened.

Police arrested him one day later, and he has been in juvenile detention of Douglas County Youth Services since then.

Jones faces charges of felony murder and aggravated burglary.

"This is a case that is extreme. The defendant in this case plotted with a co-defendant to partake in an aggravated robbery - an aggravated robbery in which they were armed with a rifle and an air pistol where they intended to go to the residence of the deceased and confront the resident," Branson said. "Not just merely break in to steal something but actually they had planned to confront the resident."

Stancliffe said that Malone has overseen many homicide cases during his time as a judge, some of which involved heinous violence.

"I take a risk in saying this. You might find that this is about as close to the least heinous that you would find," Stancliffe said in his opening statement.

He also said the entire event unfolded in less than a minute.

"This is a horrible tragedy, but thank God it was not drawn out," Stancliffe said.

The defense has presented witnesses who testified that Jones has been a model resident while in juvenile custody. Also, expert witnesses in treating juvenile offenders have taken the stand.

Malone has ruled that it is presumed Jones should be tried as an adult based on the seriousness of the charges involving use of a gun, but Stancliffe has a chance to present evidence to prove it would be more beneficial to try him as a juvenile.

Jones was 16 on June 7 and has since turned 17.

Carrie Mann, a neighbor, said since April 2007 Jones had been baby-sitting her three children while she worked the night shift, and he had not been attending Free State High School. Mann said Jones was trying to complete his GED.

Malone is expected to hear closing arguments from Branson and Stancliffe this afternoon, but it appears likely his ruling will come later.

Typically, juveniles convicted of crimes are held until they are 18, although provisions allow for them to be held until they are 23. An adult convicted of felony murder faces 20 years to life in prison.

Comments

thomgreen 6 years, 5 months ago

Are you kidding me? He attempted one robbery, was thwarted, got a friend and came back to attempt to rob the same guy again? I'm sorry, but I don't see how this isn't a heinous crime and worthy of an adult punishment.

BlackVelvet 6 years, 5 months ago

someone asked where he got the gun? Well, dopers break into people's homes and steal things, especially firearms. And then they use those stolen firearms to steal more things, like cash and drugs. And as long as it's dirtbags killing dirtbags, so be it. But if they are going to shoot innocents, then line 'em all up and give them what they dished out! And eye for an eye!But that's just me. Your mileage my differ.

TheEleventhStephanie 6 years, 5 months ago

Is this the first time they've mentioned that drugs were involved?

neks2008 6 years, 5 months ago

This is a first degree murder, with no doubt for that.

beagledog 6 years, 5 months ago

I agree with r kobe. Too bad he couldn't face a firing squad and receive the 8 shots he gave.

Steve Jacob 6 years, 5 months ago

Who said he was robbing for "drugs and money"? The DA?

R_Kobe 6 years, 5 months ago

8 shots is murder.............. regardless of age

coolmom 6 years, 5 months ago

no, he should not be tried as a juvenile. way to many chances. look how many shots. i am sorry but no way.

Rationalanimal 6 years, 5 months ago

Justice demands he be tried as an adult. It was an adult crime. It is just sad Klundt was not a better shot and killed both intruders. The lesson here is for home-owners to have a semi-auto shotgun instead of pump, a wider choke, more buckshot, and more dram equivalent. The one thing Klundt's bravery will have is less armed burglaries in the area. Now the justice system needs to send a message that armed robbery will not be tolerated in the community.

igby 6 years, 5 months ago

Perhaps Stancliff should redefine heinous for the court so that we can have a new precedent to measure normal armed criminal action. Lol.

woodenfleaeater 6 years, 5 months ago

Eight shots seems a little excessive if he was just trying to get away and not intentionally murder the victim.

BlackVelvet 6 years, 5 months ago

criminy, whether he's tried/convicted as a juvenile or an adult, it's not like he's really gonna do much damn time either way. This is Douglas County for cryin' out loud. Crime DOES pay in some places.

dweezil222 6 years, 5 months ago

Try him as an adult. If the narrative is even half close, it's well deserved.

ebyrdstarr 6 years, 5 months ago

aeroscout17, he cannot be charged with the second death because the second death was an act of self-defense by the resident. Where a death that occurs during the commission of a felony was the lawful act of a third party, the perpetrator of the felony can't be charged with felony murder.

Mzz Meehwitdatmess 6 years, 5 months ago

So what did he do again, he tried the first time didn't succeed and went back and brought a friend, and is going to get tried as a juvenile. That is alot, for a youngsta, and anybody in the penile system is going to act straight while facing these charges to show that he is still "INNOCENT." He probaly is a good boy that did bad and can't believe he did that. I have no reason the badger this little guy, I just want to see his attitude upon "release" to see how much the justice system has changed him. The justice system does only so much, so it'll be up to him if he wants that change. So maybe next time, get a job and buy your own things, and this wouldn't have to happen.

aeroscout17 6 years, 5 months ago

Isn't there still a law that a perpetrator of a felony is responsible for all deaths during that crime? Can he not also be charged with the death of his compatriot? Anyone know?

Franker 6 years, 5 months ago

Ummm ya cause a juvenile would think of the crime he did so try him as a damn juvenile...thats a bunch of BS

Mzz Meehwitdatmess 6 years, 5 months ago

don't matter either way, he aint going to learn nothing from being in juvie or prison, so it's a ball in the air, and alot of gum under our shoes... just hope our kids don't grow up to be just like this guy.

Confrontation 6 years, 4 months ago

"Branson said Jones told another friend during a rock concert that Saturday about what had happened."Weird. I thought that only rap music created criminals. Based on this new evidence, Lawrence will have to ban all rock concerts.

bearded_gnome 6 years, 5 months ago

if there is justice, he won't be tried as a juvie. eight shots, he's apparently not being charged with conspiracy (?) and we're supposed to think this isn't heinous? sure he's on his good behavior in stir now. if he were out for twenty-four hours, you think he'd spend all his time helping little ol' ladies cross the street? being in juvie is at least helping him go "cold turky" from the drugs. Steph, I think before this article the drug refs were speculative. to my recollection this is the first time its confirmed in print.
and, why are we being told that Jones wasn't going to school but he was working on his GED? is this supposed to encourage charging him as a juvie? the big picture: this is at least two weeks worth of conspiracy! he fired eight shots! He meant to kill. nothing more need be said. **at the risk of being slimed again by max1, I will add it is so sad that Jones threw his life away by his choices. I hope others his age learn something from this, and that the justice system here writes a very good lesson plan to teach them! It is sad that Klunt died, having so much promise. Life can end so suddenly.

james bush 6 years, 5 months ago

I bet anyone who considers testifying against this youthful killer will think twice before doing so if the do-gooders want him to be free in a year or 2. Try him as an adult and keep him there until everyone that testifies can cover their tracks.Always wonder why our system expects us to be a "witness" when the system doesn't protect the innocent; it just tries the bad guys after they kill us.

annon01 6 years, 5 months ago

I have heard that the police served and executed a search warrent at the location of the crime shortly after the shooting. Upon completion of the search they siezed 13 lbs. of marijuana, 2 Kg.s of cocain, and .5 lbs. of mushrooms. The brother and roommate of the victum is currently faceing charges in relation to their criminal enterprise. I just wonder why none of this has been reported by the police or the ljworld??

igby 6 years, 5 months ago

Hookers and nose candy! We were all young once but did not kill and rob the dope man. This is a modern gangsta trend, the haves against the have not's. Mama sells it kids sell it too. I suppose the air pistol was going to be used to scare him and the rifle, just in case things went wrong and it did go wrong.What about the baseball bat that the 16 year old used to bash his face in after he ran out of bullets. I heard he went to the car and got a bat and went back in and finished him off because the rifle shot just left him impaired and he was on his back. Don't know if this was true, but that was what someone told me how it happened.

jafs 6 years, 4 months ago

The real question is whether we can prevent these sorts of tragedies or not.If not, it doesn't matter that much what we do after the fact, imho.

lance1jhawk 6 years, 4 months ago

Hang 'em.He fired 8 shots at the door after retreating for cover. Game over man thats murder on two counts. Enjoy the rest of your adult life behind bars being someones girlfriend.

Sandra Willis 6 years, 4 months ago

I hear of this kind of thing and I think, "He obviously believes in the song's "You're under 18, You'll never see any time for it." is still true.

ridinthefence 6 years, 4 months ago

"He also said that weeks earlier Jones was involved in an attempt to commit a robbery at the 1311 Del. residence, but that attempt was thwarted." If at not you first succeed, try, try again...

yoornotmee 6 years, 4 months ago

I have officially lost any faith or respect that I previously had for our "justice system". Plot to murder someone, and just get a slap on the wrist. What wonderful "justice". I'm disgusted.

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