The case of a man accused of firing shots at a Leavenworth County sheriff's deputy during a pursuit has been bound over for arraignment.
The case of a man accused of firing shots at a Leavenworth County sheriff’s deputy during a pursuit has been bound over for arraignment.
The arraignment for Anthony J. Robertson, 33, Leavenworth, is scheduled for Sept. 26 in Leavenworth County District Court.
Robertson is charged with aggravated assault of a law enforcement officer, criminal discharge of a firearm at an occupied vehicle, criminal possession of a firearm by a convicted felon, fleeing or attempting to elude a law enforcement officer and interference with a law enforcement officer.
District Judge Michael Gibbens ruled there was probable cause to bind over Robertson on these charges. The ruling came Wednesday at the conclusion of a preliminary hearing in Leavenworth County District Court.
The charges stem from a July 6 incident that began in the area of 207th Street and Kansas 92 Highway.
Cpl. Sarah Flaherty of the Leavenworth County Sheriff’s Office testified Wednesday that she attempted to stop a truck driven by Robertson after he failed to yield and entered the wrong lane.
She said the truck did not stop after she activated her patrol vehicle’s emergency lights and siren.
Flaherty testified that Robertson drove at a high rate of speed during the pursuit.
“At times, we were 80-plus mph,” she said.
She testified that at one point, Robertson locked his brakes in what she believes was an attempt to cause her to crash into the truck.
Flaherty said she heard between 11-13 gunshots during the pursuit. She said the shots came in three clusters.
Flaherty said she did not see a gun during the pursuit.
But when she later viewed video from her car’s dash camera, she saw muzzle flashes.
Flaherty testified the muzzle flashes appeared to have come from just outside of the driver-side window of the truck.
The corporal also testified that during the pursuit, a woman who was a passenger in the truck climbed through a back window into the bed of the vehicle. Flaherty said the woman threw items at the patrol car.
“The (truck) came to a stop itself after it crashed in a field,” Flaherty said.
She said the driver and passenger ran into a wooded area.
Flaherty said a perimeter was established and a search for the suspects began.
During the search, Flaherty found a purse that contained drugs, drug paraphernalia and materials that identified the female suspect, Shauntel M. Cornelius, according to the testimony.
Flaherty said she also found a drawstring bag that contained a citation from the Leavenworth Police Department with identifying information for Robertson.
Robertson and Cornelius were not found until the following day.
Deputy Patrick Horton of the Leavenworth County Sheriff’s Office also testified Wednesday.
Horton said the truck passed by him as it was being pursued by Flaherty. Horton said he heard gunshots right after the truck passed him, but he did not see the shots being fired.
Horton joined in the pursuit, following behind Flaherty.
Deputy Kyle Owens of the Leavenworth County Sheriff’s Office also testified Wednesday. He apprehended Robertson and Cornelius the day after the pursuit in the area of 231st Street and 4-H Road.
Owens said no weapon was found on Robertson when he was taken into custody.
Following the testimony, Robertson’s attorney, Clinton Lee, argued there was not sufficient evidence to show that the defendant had fired shots during the incident.
“At best, we have shots fired from some unknown direction,” Lee said.
Lee also argued there was not testimony indicating the shots had been fired at the deputy’s vehicle.
County Attorney Todd Thompson said Flaherty had identified Robertson as the driver and indicated where the muzzle flashes had come from. Thompson argued there had been nothing else around to fire at other than the patrol vehicle.
The judge ordered Robertson to be bound over on the charges.
Also Wednesday, Robertson was bound over in another case for charges of burglary and theft, Thompson said.
These crimes allegedly occurred last year at the Burger King in Lansing.
Robertson also has been accused of violating probation in a case stemming from a 2016 drug charge.
Robertson remains in custody at the Leavenworth County Jail.
Cornelius also faces charges in connection to the July 6 pursuit.
She is scheduled to appear in court Aug. 29 for a status hearing.