Date: 09-06-2024

Case Style:

State of Kansas v. Charles D. Thomas

Case Number: 126,266

Judge: Stacy Donovan

Court: District Court, Douglas County, Kansas

Plaintiff's Attorney: Douglas County Kansas District Attorney's Office

Defendant's Attorney:

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Description:

Lawrence, Kansas attempted second-degree intentional murder criminal defense lawyer represented the Defendant.

Charles Thomas and his longtime girlfriend and mother of their three children, L.E., were in their trailer home in Lawrence, Kansas, with their children and a family friend, Andrew Sommer. Thomas had a disability, leaving him unable to get around without the use of his cane, and he had difficulty using his left arm. That night, an argument began between Thomas and L.E. The argument escalated when Thomas hit six-year-old M.E. in the face with his cane. This argument further escalated when Thomas pulled a gun from his waistband.

Sommer-who stepped outside to give the couple some space-came back inside when he heard yelling or screaming. Thomas directed the aim of the gun at Sommer, told Sommer to get out of the trailer, and then fired the gun in Sommer's direction. Sommer backed out of the trailer as Thomas fired a second shot at Sommer. Once Sommer was outside, Thomas redirected his focus to L.E.

The evidence at trial concerning what happened next is conflicting; however, it appears that Thomas ordered L.E. to get on the floor and, as she complied, he struck her face with the butt of his gun. Sommer heard her screaming for help, so he ran back to the front door and stuck his head inside the trailer. He saw L.E. kneeling on the floor, covered in blood, with Thomas standing over her holding a gun to her head. Sommer then rushed inside and tackled Thomas, knocking the gun out of Thomas' hand. He then held Thomas on the floor until law enforcement officers arrived.

At trial, Thomas claimed voluntary intoxication and self-defense.

Thomas gave a different version of events. He said that the argument began because M.E. spat in F.T.'s face. He testified that shortly thereafter, L.E. asked Sommer to get Thomas out of the house, and Sommer began advancing towards Thomas in an aggressive manner. Thomas noticed Sommer reach for something in his pocket and that "as [he] looks back on it, [Sommer] had a knife." He said that the knife was a kitchen knife-possibly a steak knife-but he could not remember exactly. At this point, Thomas testified that

"[e]verybody was just screaming at one another, so, um, I just-I don't know how to put it. I just-I just picked up the gun and then [shot] one time to tell him to get out the house. He got- like, he didn't understand, like, I was telling him so, um, I fired another shot at him."

Thomas testified that he closed the door once Sommer was outside and went back to L.E., who was on the floor bleeding. Thomas said that as he bent down to check on her and was talking with her, Sommer came back inside and tackled Thomas.

When asked on cross-examination how Sommer held the knife, Thomas recalled Sommer holding it "[l]ike Chucky." Thomas clarified that Sommer held the knife like the popular horror movie antagonist who is a serial-killing doll-depicted with a knife wielded at the doll's waist. Though, Thomas also admitted that Sommer did not seem to have the knife when Sommer tackled Thomas-Thomas was not stabbed with a knife, nor did he hear a knife fall on the ground. Thomas also testified that Sommer pulled out a knife first, so Thomas pulled out a gun.

Thomas testified he ingested drugs earlier that evening.

Thomas also testified that he smoked K2-a synthetic cannabinoid-at some point that evening. He believed that the blunt he smoked was laced with PCP. He thought that the K2 he smoked was laced with something because his behavior that night was not normal. Thomas recalled that in the video of his interview, he was incoherent and "everywhere." Thomas did admit on cross-examination that he told officers during his interview that he had smoked K2 much earlier in the evening. Thomas also admitted that he told the officers that he felt coherent and knew what was going on during the interview.

Outcome: Affirmed.

State v. Thomas, 126,266 (Kan. App. Sep 06, 2024)

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