|
|
|
|
The Leavenworth Times - Leavenworth, KS
  • Sheriff's spokesman: Convicted murderer spit in officer's face

  • A man who is awaiting re-sentencing for a first-degree murder conviction allegedly assaulted an officer by spitting in his face while at Leavenworth County Jail, a Sheriff's Office spokesman said.
    • email print
      Comment
  • A man who is awaiting re-sentencing for a first-degree murder conviction allegedly assaulted an officer by spitting in his face while at Leavenworth County Jail, a Sheriff's Office spokesman said.
    The incident was reported at 5:03 a.m. Tuesday at the jail, located at 601 S. Third St.
    Matthew Astorga, 37, was convicted in 2009 of first-degree murder. He was sentenced to life in prison with no possibility of parole for 50 years under the state's old Hard 50 law.
    That sentence was vacated in May by the Kansas Supreme Court based on an earlier U.S. Supreme Court decision.
    Prosecutors are seeking to have Astorga re-sentenced under a new Hard 50 law.
    Astorga was in custody Tuesday at the jail after making a recent appearance in Leavenworth County District Court.
    He was being prepared to be transferred back to Kansas Department of Corrections custody.
    Astorga asked if he would have breakfast before returning to DOC custody, Undersheriff Jim Sherley said.
    A deputy told Astorga he would be provided a sack breakfast when handed over to DOC officials.
    Astorga reportedly became angry. He allegedly spit at the deputy, which landed on the officer's face, Sherley said.
    Astorga was transferred to DOC custody following the incident.
    Sherley said information about the incident will be turned over to the Leavenworth County Attorney's Office for possible charges.
    While Astorga was awaiting his 2009 trial, he was accused of battering another inmate and officer during separate incidents at the Leavenworth County Jail. Charges related to those battery allegations eventually were dropped.

        calendar