TOPEKA, Kan. - Judge Nancy Parrish will consider a special prosecutor's motion to dismiss charges against Jason Judd, 30, a Topeka police officer involved in an off-duty shooting the night of St. Patrick's Day 2008. Judd is one of four officers involved. The others were Chris Bowers, Laura Bonebrake and Travis Jepson.
An affadavit says the night of March 18, all four officers were celebrating at the Fraternal Order of Police, then went to a Topeka bar before deciding to go to Jepson's house.
Jepson lives down the street from Daniel Llamas. The officers said they heard Llamas having a party and Bowers went to the home to check it out. The other three later followed and were asked to leave by people at the Llamas home. Pedro Irigonegaray, the attorney representing the Llamas brothers, said the officers were in Llamas' driveway and refused to leave while asking the party quiet down.
Witnesses say a fight broke out between the officers and others at the Llamas home sometime after 2:30 a.m. March 18th. Irigonegaray said the officers never identified themselves as police and that all the fighting and shooting occurred on Llamas property.
Before Johnson County Assistant District Attorney, Cindi Carle, filed the motion Tuesday, Judd was to have a preliminary hearing Thursday. Instead, Judge Parrish held a hearing about the motion, giving Carle, Irigonegaray and Judd's defense attorney, Tom Lemon, an opportunity to discuss it.
In the motion, Carle said in the motion there wasn't enough evidence for the charges to ever have been filed. Carle reviewed material on the case from Shawnee County District Attorney Chad Taylor, who appointed the special prosecutor, for about three weeks.
Judd was charged with two counts of aggravated battery for the shootings of brothers Daniel, 28, and Devin Llamas, 19 during a St. Patrick's Day party at the Llamas' home on 25th Street in Topeka.
Judge Parrish okayed Irigonegaray's request for an April 24th deadline to file objections to the motion and also to research whether he may legally obtain access to a 2,000-page discovery in the case. Irigonegaray said without being able to see that - which contains other elements in the case that the defense is allowed to see - he cannot "intelligently" argue the state's decision to dismiss the charges against Judd.