Codefendants testify about brutal home-invasion robbery; victims can’t place defendant in apartment

Victims and codefendants in the home-invasion robbery trial of Gabriel Patterson, 21, of Lawrence, testified Tuesday about the terrifying events of the incident, but were unsure whether Patterson was inside when it occurred.

Gabriel Patterson

Patterson is charged with three counts of aggravated robbery, one count of aggravated battery and one count of aggravated burglary in connection with an alleged robbery at an apartment at 951 Arkansas St. on Nov. 8. Prosecutor Eve Kemple alleges that Patterson was one of five codefendants who were involved in the robbery,

On Tuesday, three of Patterson’s codefendants — Zachary John Pence, 21, and 20-year-olds Driskell Alan Johnson and Yusef Muhammad Kindell, all of Lawrence — testified that they, Patterson and a fifth codefendant, Cody Kukuk, 22, of Lawrence, went to the apartment to rob its residents. Pence, Johnson and Kindell said that their testimony was part of plea negotiations with the prosecution, and that they believed their sentences and charges would be reduced if they testified.

Kindell said he was at The Cave nightclub, 1200 Oread Ave., hours before the robbery with Kukuk and Patterson, and recognized Christopher Adams, one of the robbery victims, there. Kindell testified that he asked Adams if he “still sold marijuana” because he and Kukuk had previously bought MDMA, colloquially known as “molly,” from Adams and later joked about robbing him.

Kindell said after speaking with Adams, Kukuk began planning and recruiting Pence and Johnson to join in their heist. The five ultimately gathered at Kukuk’s home, where Johnson, Kindell, Kukuk and Patterson disguised themselves. Kukuk, a former professional baseball player, armed himself with a wooden table leg and Johnson took a handgun.

The five then followed Kindell to Adams’ apartment, and Pence testified that he shouldered the front door in. After that, Johnson said he and Kukuk ran upstairs to begin confronting victims.

Those victims included Kansas University students Shubhanker Mathur, Kendri Salmans and Jacqueline Wells testified Tuesday that Johnson and Kukuk broke into their upstairs bedrooms after 3 a.m., brandishing the gun and table leg. Wells testified that when Johnson and Kukuk were in Mathur’s room, which she shared, she saw them strike Mathur and take their cellphones. She recognized a third person, the undisguised Pence, in the bedroom, as well.

Salmans said that he was sleeping naked when Johnson came into his bedroom screaming. Johnson then pulled him into the hallway nude and struck him over the head and eye with the gun, Salmans said.

“He told me, ‘This is real.’ He told me I might die,” Salmans said of Johnson. “I didn’t have any control.”

After the upstairs confrontations, Pence and Johnson testified they went downstairs with Kukuk to rob Adams in his main-level bedroom. The two testified that they saw Patterson and Kindell standing on the landing outside the apartment during the robbery. Pence said that at one point Patterson stepped briefly through the threshold of the front door, but did not enter farther nor participate in the actions inside.

Adams testified that he woke up to Kukuk and Johnson in his room with the weapons and Kukuk began striking him with the table leg. Johnson testified that he told Adams, “This is not a game,” and demanded “Where is the money? Where is the weed?”

Adams said he then pointed to a safe underneath his bed, which held about $1,000 in cash and four ounces of marijuana, and Kukuk took the safe. The men then left the room, Pence struck Mathur once more and all codefendants fled the area. Kindell said that he thought Patterson had left sometime before Kukuk exited the apartment with the safe.

While no witnesses on Tuesday identified Patterson as someone inside the apartment or directing any actions, Kindell testified that Patterson was around when he and Kukuk began planning the robbery. None of the codefendants, when asked, testified that Patterson had ever tried to prevent, object to or call the police about the robbery plans.

Patterson’s trial resumes Wednesday with more testimony from Johnson. It is scheduled to be the last day of the trial.

Patterson is currently free on bond.