TOPEKA, Kan. (WIBW) - Trevon Lorenzo Brown, who Topeka police testified was firing a pistol during a gunfight with officers on Oct. 10, was sentenced to three years in prison on Friday after he violated his probation in a sex assault case tied to 2015.
"This defendant needs to go to prison now," Shawnee County Deputy District Attorney Brett Watson said Friday. "He is a danger to society." Brown was on probation when he was charged with the gun fight.
Following the confrontation with police, the district attorney's office filed a motion for a court order to show why Brown's probation shouldn't be revoked in his conviction on one charge of aggravated indecent liberties with a child, a felony.
In a plea agreement in May 2016, Brown pleaded guilty to that charge, and in exchange, a second count of that offense was dismissed.
On Feb. 4, District Judge Cheryl Rios found sufficient evidence existed to show Brown violated a condition of probation, which was to remain law abiding, according to court records.
Friday was the sentencing for that probation violation.
On Friday, Watson recommended that District Court Judge Mark Braun sentence Brown to four years and 11 months in prison.
Defense attorney James Chappas said it wouldn't serve any purpose to imprison Brown on the parole violation. Reinstate Brown to probation or discharge him as unsuccessfully completing his probation, Chappas told the judge.
Braun revoked Brown's probation and imposed the three-year sentence.
During the hearing Friday, Watson said Brown has 657 days of jail credit, which is about two months shy of two years of jail time.
In the shootout case, Brown is charged with four counts of aggravated assault of an officer, two counts of interference with law enforcement,one count of criminal possession of a firearm by a convicted felon, two counts of vehicle burglary, and two counts of unlawful discharge of a firearm. The firearm discharge counts are misdemeanors.
Brown's trial in the shootout case will start on July 29.
In that case, Brown's defense attorney has filed a motion seeking to dismiss three charges of aggravated assault of a law enforcement officer, contending the gunman never communicated any threats to officers.
On Thursday, District Court Judge Cheryl Rios scheduled April 25 as the date to hear Brown's motion on the dismissal of the three charges.During the shootout, Brown was struck multiple times during two exchanges of gunfire with police in southwest Topeka, according to the Kansas Bureau of Investigation, which investigated the incident. No law enforcement officers were wounded.
On Nov. 29, District Attorney Mike Kagay said the conduct of the officers was justified, saying the officers acted in self defense and the defense of others. He said his office would not file criminal charges against the officers.