A new charge has been added in the case of an inmate who is accused of escaping from the Lansing Correctional Facility earlier this year.

A new charge has been added in the case of an inmate who is accused of escaping from the Lansing Correctional Facility earlier this year.

Cal Henry Green already had been charged with aggravated escape from custody and theft. But he now also faces a charge of burglary of a motor vehicle.

Green, 36, is accused of leaving the grounds of LCF without permission Jan. 7 while on a work assignment. He allegedly drove away in a truck.

He was apprehended Jan. 10 in Independence, Missouri.

Green had a preliminary hearing for the new charge when he appeared Friday in Leavenworth County District Court.

Assistant County Attorney Meredith Mazza said Green previously waived his right to a preliminary hearing for the other two charges, but he was not willing to waive such a hearing for the new charge.

Only one witness was called to testify during Friday’s preliminary hearing.

Victor Harshbarger is a special agent supervisor with the Kansas Department of Corrections. He is assigned to the Lansing Correctional Facility.

Harshbarger was called to testify as a prosecution witness.

He testified that it was determined Jan. 7 that Green was missing from LCF as well as a state-owned 2.5-ton dump truck.

“It was a military surplus vehicle,” Harshbarger said.

He said the truck was recovered about 15 miles away in a parking lot in Kansas City, Kansas.

Harshbarger said he interviewed Green after the inmate was returned to LCF. Harshbarger testified that Green admitted to leaving in the truck.

Harshbarger testified that Green indicated he had been waiting for an opportunity to leave the prison and the truck was available.

Harshbarger said Green did not have authority to enter the truck, which belongs to Kansas Correctional Industries.

Mazza argued at the conclusion of the hearing that Green had committed burglary by entering the truck and remaining in the vehicle with the intent to steal it.

Noting that his client also is charged with theft, defense attorney Benjamin Casad argued that his client cannot be convicted of both burglarizing the truck and stealing the truck.

District Judge Michael Gibbens said he has never seen a case in which a defendant was charged with the burglary of a vehicle that ultimately was stolen.

“It’s always a theft charge,” he said.

Mazza pointed to a Kansas Supreme Court decision to support her argument for allowing the additional burglary charge.

After reviewing the Kansas Supreme Court decision, Gibbens bound over Green on the additional charge.

Green also was scheduled to have a pretrial conference Friday. But Casad requested a continuance of the hearing.

The pretrial conference was rescheduled for Nov. 1. Green also will have an arraignment for the burglary charge at that time.

The case is scheduled to go to trial Nov. 25.

Twitter: @LVTNewsJohnR