An attorney for Malachi Davis, accused in the March 8 shooting death of a Humboldt man, is asking a judge to dismiss the second-degree murder charge against him.
Davis, 25, of Humboldt, is accused of gunning down John Paul Kent following an altercation that started between Davis and his girlfriend near the intersection of 10th and Sycamore streets in Humboldt.
Jay Witt, Davis’s court-appointed attorney, has filed a motion for Magistrate Judge Chuck Apt to dismiss the charge, asserting the state violated Davis’s constitutional rights by arresting him before ensuring he wasn’t immune from prosecution because of a 2011 self-defense law.
In a memorandum written to the court, Witt cited a “stand your ground” law enacted by the Kansas Legislature as justification for his motion to dismiss the charge.
THE KANSAS Bureau of Investigation alleged the girlfriend sought refuge with a neighbor, who then contacted Kent, 43.
Kent’s arrival resulted in a verbal confrontation with Davis, who fired a single shot from his vehicle, striking Kent in the chest. Kent was transported via ambulance to Allen County Regional Hospital, where he was later pronounced dead.
Davis fled the scene following the shooting. Multiple law enforcement agencies began searching for the suspect before he was arrested by the Kansas Highway Patrol about 3 ½ hours later near Moran.
THE STATE law in question says a defendant is immune from criminal prosecution if a person employing deadly force reasonably believes such an action is necessary “to prevent death or great bodily harm” or if the person using the deadly force cannot be the initial aggressor.
Witt acknowledges in his memorandum that while the law uses plain language, the Legislature failed to explain procedural implementation, “and Kansas Courts have been left holding the bag.”
Regardless, Witt pushed for dismissal alleging, “The State has violated Mr. Davis’s immunity without carrying the burden of proof it is required to establish prior to arresting, prior to charging, prior to detaining and prior to prosecuting Mr. Davis for murder.”
IN HIS written response to the motion, Allen County Attorney Brandon Cameron said he will introduce evidence that proves Witt’s argument fails to hold water.
“The state intends to show … that the Defendant, while inside his vehicle located 30 yards away and across the street from the victim, shot an unarmed John Paul Kent.
“The defendant’s use of force was objectively unreasonable,” Cameron continued.
APT will consider both arguments at an April 10 hearing.
In a related matter, Apt ordered that the probable cause affidavit surrounding the arrest remain sealed because of the ongoing investigation surrounding the incident.
Apt said he will consider whether to lift the seal at the April 10 hearing.
