photo by: Chris Conde/Journal-World

Howard Levite, right, listens to closing arguments with attorney Gary West, left, during a trial on Feb. 15, 2024, in Douglas County District Court.

Updated at 2:15 p.m. Friday, Feb. 16

A Douglas County jury on Thursday acquitted a Leavenworth man of attempted first-degree murder in a case in which he was accused of shooting a man during a drug deal in 2019.

The jury hung on a count of second-degree attempted murder and attempted robbery, and the state intends to retry the case on those counts.

The defendant, Howard Collins Levite, 32, was charged with one felony count of attempted first-degree murder and one felony count of attempted robbery in connection with an incident around 6 p.m. on Oct. 26, 2019, in the parking lot of McDonald’s, 1309 W. Sixth St., where Levite shot then-51-year-old James Beltch during a botched drug deal, as the Journal-World reported.

photo by: Chris Conde/Journal-World

Howard Levite, right, with attorney Gary West, left, just after a jury acquitted Levite of a first-degree attempted murder charge and hung on an alternative second-degree murder charge on Feb. 15, 2024, in Douglas County District Court. The state intends to retry Levite on the second degree murder charge in May.

The trial lasted just over two days, beginning on Tuesday, when Beltch testified that he had intended to buy pain pills from Levite but that an argument ensued, resulting in Beltch being shot. Levite testified on Wednesday that he intended to rip off Beltch by selling him fewer pills than they had agreed upon. He said he shot Beltch in self-defense when Beltch grabbed his arm and threatened to “gut” him with a knife.

Levite’s attorney, Angelo Panas, said in closing remarks Thursday morning that the jury should find reasonable doubt in Beltch’s version of events based on the trajectory of the bullet through the car, which he said didn’t support Beltch’s testimony that Levite had exited the car before firing the gun. Panas said that Beltch also claimed to have the money for the drug purchase on his lap or underneath his leg, but with blood staining everything in the car, Panas said it was strange that the money wasn’t soaked in blood too. Panas said it was suspicious that Beltch removed his jacket before paramedics arrived despite the pain of being shot and that Beltch somehow put the money back inside his wallet, keeping it clean.

Attorney Angelo Panas delivers closing arguments for his client Howard Levite during a trial on Feb. 15, 2024, in Douglas County District Court. Levite is charged with attempted murder in connection with a 2019 shooting at a Lawrence McDonald’s.

The state, represented by Senior Assistant District Attorney Ricardo Leal and Assistant District Attorney Samantha Foster, argued that Levite not only intended to rip Beltch off but that prior to the incident Levite had plenty of time to think about shooting Beltch if he resisted.

Leal said in closing remarks that Levite was armed with a pistol and planned to rip Beltch off from the start, knowing he might have to use that pistol.

The jury was instructed to consider whether Levite committed attempted first-degree murder for a premeditated act or attempted second-degree murder for acting intentionally but without premeditation, as well as whether Levite attempted to rob Beltch when the deal wasn’t going as planned. Judge Sally Pokorny allowed Levite to argue that he acted in self-defense, and Panas said that if jurors believed Levite was defending himself, they should return a verdict of not guilty.

photo by: Chris Conde/Journal-World

Senior Assistant District Attorney Ricardo Leal delivers closing arguments during a trial on Feb. 15, 2024, in Douglas County District Court.

The jury deliberated for six hours total. A new trial date was set for May 6 on the second-degree attempted murder and attempted robbery counts.

Levite is currently in federal custody after a 2021 conviction in U.S. District Court of Missouri, where he was convicted of being a felon in possession of a firearm, and intent to distribute Xanax. He is serving 68 months for that conviction and was brought to Douglas County to resolve his charges. He is expected to also resolve charges for obstruction in Leavenworth County and for fleeing from police in Jackson County.

He has additional convictions in Douglas County in 2010 for robbery and burglary, and felony drug convictions in Leavenworth County in 2012 and Wyandotte County in 2016, according to Kansas Department of Corrections records.

Editor’s note: This story has been revised to correct the definition of attempted second-degree murder.

photo by: Chris Conde/Journal-World

Howard Levite, left, looks to his attorney Angelo Panas after a jury acquitted Levite of a first-degree attempted murder charge and hung on an alternative second-degree murder charge on Feb. 15, 2024, in Douglas County District Court. The state intends to retry Levite on the second degree murder charge in May.