Judge denies prosecution motion
A judge has denied a motion that sought to prosecute a man in Leavenworth for an attempted murder charge a second time, according to court records.
The judge made the ruling Friday during a hearing in the case of James D. Thompson.
Thompson, 34, previously was charged with attempted first-degree murder in connection to an August 2015 shooting in Leavenworth. During a 2017 trial, the charge of aggravated battery was presented to jurors for consideration as a lesser included offense to the attempted murder charge. And jurors convicted Thompson of the aggravated battery charge instead of attempted murder.
Thompson also was convicted of other charges related to the 2015 incident.
Judges with the Kansas Court of Appeals overturned Thompson’s conviction for the aggravated battery charge and remanded the case back to the district court level.
District Judge Gerald Kuckelman set aside the battery conviction in December. But Assistant County Attorney Shawn Boyd argued Thompson could once again be prosecuted for the charge of attempted murder.
Thompson’s attorney, Joseph Osborn, argued his client could not be prosecuted again for attempted murder because it would be considered double jeopardy and the prosecution would have violated state law that addresses double jeopardy.
Double jeopardy refers to a protection provided in the Fifth Amendment of the U.S. Constitution which guarantees that a person cannot “be twice put in jeopardy of life or limb” for the same offense.
Boyd argued the prosecution could move forward without violating double jeopardy, but the judge ruled against the prosecutor’s motion to proceed with the original charge.
Thompson was paroled earlier this year for his other convictions.