Man shot by police in June 2014 waives preliminary hearing in unrelated case

A 25-year-old Lawrence man shot in June of last year during a confrontation with police waived his preliminary hearing Tuesday in an unrelated case.

Zachary James Ortiz is charged with fleeing and eluding police officers, driving under the influence, criminal threat, interference with the duties of a law enforcement officer and battery of a law enforcement officer. Those charges came after an officer on patrol in November 2014 attempted to stop Ortiz’s vehicle in the 500 block of Monterey Way.

Zachary James Ortiz

The officer observed the vehicle “displaying excessive noise and erratic movement,” Lawrence Police Department spokeswoman Kim Murphree said in November. The vehicle did not stop when the officer turned on his emergency lights and siren, fleeing and turning onto Peterson Road, then turning south onto Fall Creek Road, Murphree said.

Ortiz was stopped in the 300 block of Fall Creek Road and was “uncooperative” with officers, Murphree said.

He is also charged with aggravated assault of a law enforcement officer in connection with the June 2014 police confrontation case when he was shot by a Lawrence Police officer after allegedly pointing a shotgun at the officer and failing to comply when ordered to drop the weapon.

Ortiz was scheduled to have a preliminary hearing Tuesday for the five-count case, where Douglas County District Judge Peggy Kittel would decide whether there is enough evidence to bind Ortiz over for trial on those charges. By waiving his preliminary hearing, he is automatically bound over for those charges.

Ortiz was also set to be arraigned for the aggravated assault charge Tuesday, but it was continued to follow the five-count case.

Ortiz’s attorney, Cooper Overstreet, asked the court to set a date for a “plea or status hearing” in 45 days. Overstreet said his client needed the extra time to satisfy the “list of conditions to be met for purposes of a plea.”

Kittel scheduled a hearing for both cases for Aug. 28. Ortiz is out of the Douglas County Jail on a $100,000 bond.