Date: 08-30-2024

Case Style:

State of Kansas Wilburn Fred Vaught III

Case Number: 127,015

Judge: Benjamin J. Sexton

Court: District Court, Dickinson County, Kansas

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

Defendant's Attorney:

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Description:

Abilene, Kansas aggravated witness intimidation criminal defense lawyer represented the Defendant.

In the summer of 2021, Vaught was charged with numerous offenses in Dickinson County, including three counts of aggravated intimidation of a witness. He was granted a diversion and agreed to refrain from violating the law. In June 2023, however, the State filed a complaint alleging that Vaught committed aggravated assault, and he ultimately pled guilty to that offense.

In a mediated settlement agreement, Vaught stipulated that his felony conviction for aggravated assault constituted a violation of the terms and conditions outlined in his diversion agreement. He agreed to plead guilty to the three counts of aggravated intimidation of a witness in exchange for the State's assurance it would dismiss the remaining charges with prejudice.

Prior to sentencing, Vaught filed a motion seeking either a dispositional or durational departure. The district court declined to find that substantial and compelling reasons existed to warrant either of the two mitigated options and imposed presumptive concurrent sentences for each of the three witness intimidation offenses for a controlling term of 32 months' imprisonment. It also imposed a presumptive 32-month prison term for his aggravated assault conviction and ordered it to run consecutive to his first case.

Outcome: Appeal dismissed.

State v. Vaught, 127,015, 127,016 (Kan. App. Aug 30, 2024)

Plaintiff's Experts:

Defendant's Experts:

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