TOPEKA, Kan. (WIBW) -- A Colorado fugitive, turned Kansas kidnapper is appealing his conviction, just as Jesse Dimmick's civil case against the City of Topeka is turned over to a jury.
It was exactly three years ago when Dimmick, 26, stole a van, led police on a high-speed chase, then took shelter at the home of Dover couple, Jared and Lindsay Rowley. The hostage situation ended when Dimmick fell asleep, allowing the Rowleys to get away, and law enforcement officers to move in.
Sgt. Guy Gardner testified he's been over the situation a million times. He says he just doesn't know how the gun fired.
Dimmick's attorney, Roger Fincher, says it fired because Gardner had his finger on the trigger of his AR-15 semi-automatic rifle, that he'd taken the safety off, and wasn't following standard operating procedures of the Topeka Police Department.
The city's defense attorney says Gardner's actions were reasonable.
While jurors consider his civil case, Dimmick is appealing his convictions on two kidnapping counts, theft and fleeing law enforcement. His criminal attorneys say the trial court failed to inquire into the accuracy of the verdict, the sufficiency of the kidnapping evidence, and jury instructions.
The jury will determine liability and damages in the civil case. The kidnapping case will go before the Kansas Court of Appeals at Washburn University's Constitution Day observance Tuesday, September 18th.
Dimmick is being held in Colorado, where he faces a murder charge.