TOPEKA, Kan. (WIBW) -- When Anthony N. Darcy is tried in March, he will contend he acted in self-defense when he fatally shot the buyer of Darcy's southwest Topeka home, Darcy's defense attorney said in court on Thursday.
The 83-year-old Darcy is charged with premeditated first-degree murder of Stephen Matthew Snyder, 36; aggravated assault with a deadly weapon; and aggravated endangering of a child younger than 18, according to court records.
Darcy is charged with fatally shooting a father in front of the victim's 8-year-old son.
Snyder was shot May 1, 2017, outside Darcy’s house at 3031 S.W. 33rd.
On Thursday, Shawnee County District Judge David Debenham granted Darcy's request to postpone the startup date of Darcy's trial for three months from Dec. 17 to March 18.
In a court filing, defense attorney Napoleon Crews wrote he sought the three-month postponement "when it became clear that (Darcy) may have a previously undisclosed claim of self-defense to the charges."
The testimony of former Shawnee County coroner Charles Glenn "presented certain facts that may corroborate the defendant's claim of self-defense," Crews wrote in a court document. Crews didn't elaborate on what the "certain facts" were.
In notifying the district attorney's office that Darcy would use self-defense, Crews said Darcy is immune from prosecution for his actions.
Chief Deputy District Attorney Dan Dunbar didn't object to the three-month extension of time.
On Thursday, the judge viewed a police Axon video showing Darcy sitting on a stoop outside his house when Topeka police Sgt. Jason Junghans arrived at the house.
"What happened?" said Junghans, the first officer to arrive at the shooting site outside Darcy's home at 3031 S.W. 33rd.
"I shot him," Darcy said on the video. Junghans, whose hand had been on his holstered pistol, handcuffed Darcy and ordered another officer to place Darcy in a police car. When Darby called the 911 number to report the shooting, he made a statement then, too, Dunbar said.
Crews sought to suppress Darcy's statement to Junghans from the trial, saying his client hadn't been advised of his Miranda Rights to not say anything.
Darcy blurted out something that he wouldn't have had he been advised of his Miranda Rights, Crews said.
Dunbar said Darcy's statements were admissible, noting that Junghans didn't make any threats or promises to Darcy. There is no suggestion that Darcy's statements were anything but voluntary, Dunbar said.
Debenham, the judge, ruled the Miranda Rights claim isn't applicable if the defendant isn't in custody, and Darcy's statements are admissible.
Earlier in the case, prosecution and defense attorneys on Sept. 28 stipulated to a report issued by the Larned State Security Hospital, which found Darcy competent to stand trial.
In August 2017, a competency evaluation showed Darcy was competent to be tried. But in December 2017, the court ordered a second evaluation, which showed the defendant was no longer competent.
On the day Snyder was shot, Darcy called Snyder, saying it was OK for Snyder to come over to the house about 6 p.m., according to a law enforcement affidavit released to a reporter in 2017.
Snyder and an unidentified person had closed April 27, 2017, on Darcy’s house, but Snyder had allowed Darcy to continue living in the house for two weeks with a move-out date by May 10, 2017.
During that time, the buyers were to have access to the house as long as they contacted Darcy first.
Darcy has no prior criminal history, according to court records.