photo by: Sara Shepherd/Journal-World File Photo

In this Journal-World file photo from Oct. 9, 2018, Danny W. Queen appears in Douglas County District Court next to one of his appointed attorneys, Joshua Seiden.

The Kansas Supreme Court has agreed with the Kansas Court of Appeals that Danny W. Queen’s convictions in a 2017 Eudora bar shooting should be overturned and his prison sentence vacated because his trial started three days late.

Queen, 39, was convicted on Aug. 1, 2018, of second-degree murder for fatally shooting Bo M. Hopson, 32, of Eudora, on June 24, 2017, outside D-Dubs Bar and Grill in Eudora. Jurors also found Queen guilty of attempted second-degree murder for trying to kill bar patron Clark Orth and guilty of attempted voluntary manslaughter for trying to kill patron Dustin Crowe.

The Kansas Court of Appeals ruled in July 2020 that it was “obligated” to vacate Queen’s nearly 19-year prison sentence because he was not brought to trial within the 150 days allowed under state law for defendants who are in custody. As the Journal-World has reported, the Douglas County district attorney’s office, then led by Charles Branson, requested that the Kansas Supreme Court review that decision. The high court did so and released its decision upholding the appellate court on Friday.

As a result of the speedy trial violation, under state law Queen cannot be retried.

The appeals court had overturned Queen’s convictions and vacated his sentences because the Douglas County District Court had miscalculated the time to bring Queen to a speedy trial, and his jury trial was scheduled to start three days late. The appeals court opinion stated that the district court judge, Peggy Kittel, incorrectly believed, and the prosecutor, Amy McGowan, incorrectly confirmed, that the speedy trial deadline was a month later than it actually was.

The Kansas Supreme Court’s decision Friday concludes that the state violated Queen’s statutory right to a speedy trial, regardless of whether defense attorneys consented to the trial date.

“A defendant need not take affirmative steps to assert that right, and the defense counsel’s passive acceptance of a trial date does not rise to the level of waiver or acquiescence,” the court ruled.

Queen’s appointed attorneys at trial were Dakota Loomis and Joshua Seiden. Seiden is now a deputy district attorney under Douglas County DA Suzanne Valdez.

Queen’s murder conviction stemmed from the June 2017 incident at the Eudora bar. On that night, Queen was reportedly asked to leave the bar after he shouted profanities at the female bartender. Bar staff, including Hopson, escorted Queen out. Queen sat by himself outside for some time before pulling out a gun and shooting Hopson in the chest, according to trial testimony. Queen then tried to shoot Orth and Crowe, but his gun jammed.

Bar patrons restrained Queen until police arrived. Hopson died the next day.

Hopson’s father filed a civil case against Queen. That case was settled out of court, and its terms were not disclosed.