Date: 08-10-2024

Case Style:

State of Kansas v. Reynoldo Contreras-Avila

Case Number: 125,485

Judge: John B. Klenda

Court: District Court, McPherson County, Kansas

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

Defendant's Attorney:

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Description:

McPherson, Kansas aggravated assault criminal defense lawyer represented the Defendant.

On January 27, 2020, the State charged Contreras-Avila with one count of aggravated assault in violation of K.S.A. 21-5412(b)(1), a level 7 person felony. The charges stemmed from an incident at a local business on January 10, 2020, when Contreras-Avila allegedly stopped and pointed a gun at the two business owners-an incident that was recorded on the business' security system. Although the record does not explicitly provide the date of Contreras-Avila's arrest, we presume he was arrested on January 10, 2020-given that date is both the date the crime was allegedly committed, and the date Contreras-Avila was released on bond.

While on bond, Contreras-Avila was subject to bond conditions, including reporting to court services, being prohibited from consuming alcohol and/or nonprescription drugs, subjected to tests for alcohol and drugs, prohibited from traveling outside Kansas without the district court's approval, and prohibited from having any contact with the two victims of his alleged crime.

Two months after his arrest, the district court appointed a new attorney, Donald Snapp, to represent Contreras-Avila due to his prior attorney's conflict. Soon after, Contreras-Avila requested his only continuance of that case, which resulted in a two-week continuance to April 3, 2020.

Then, as the COVID-19 pandemic ramped up, the Kansas Supreme Court entered Kansas Supreme Court Administrative Order 2020-PR-016, effective March 18, 2020. This order continued all jury trials in Kansas that had not yet begun and suspended all statutory deadlines and time limitations for bringing a defendant to trial until further notice. As a result, Contreras-Avila was not arraigned until July 17, 2020. He pleaded not guilty and requested a jury trial.

About two months later the Kansas Supreme Court issued Kansas Supreme Court Administrative Order 2020-PR-099, effective September 4, 2020. This order made it theoretically possible to resume jury trials, as it permitted trials to commence in counties not subject to stay-at-home orders and in cases where there was a constitutional speedy trial issue.

On January 15, 2021, a third attorney entered his appearance on behalf of Contreras-Avila, after Snapp fell seriously ill with COVID. Snapp tragically succumbed to the virus, passing away that same month.

In early March 2021, with the end of the pandemic hopefully on the horizon, the district court set Contreras-Avila's case for trial. A final pretrial conference was scheduled for August 19, 2021, and the trial was set to commence on August 25, 2021.

In April 2021, Contreras-Avila was charged in a new, unrelated criminal case. As a result, the State moved to revoke his bond and the district court issued an arrest warrant. But Contreras-Avila ultimately posted an own recognizance bond for the new charges a few days later and remained out of jail pretrial. Less than a week later, the district court granted him permission to travel outside Kansas to attend his brother's graduation ceremony.

Five days before the trial was scheduled to begin, the State moved to impose COVID-19 safety precautions or, in the alternative, to continue the trial. Due to emergence of the COVID Delta variant, and the prosecutor's preexisting lung condition, the State asked that all participants in the jury trial wear face masks at all times, regardless of vaccination status. In this motion, the State acknowledged that Contreras-Avila previously indicated he would object to requiring face masks at trial as it would interfere with his constitutional right to a fair trial. Accordingly, the State alternatively requested a continuance of the trial until the public health situation permitted individuals to gather safely indoors without face masks.

Contreras-Avila objected to the State's requests. First, he argued that requiring face masks would interfere with his rights to a fair trial, due process, an impartial jury, confrontation of witnesses, and effective assistance of counsel. Second, he argued that a continuance would interfere with his rights to due process, a speedy trial, and justice administered without delay.

On August 24, 2021, the day before the jury trial was scheduled to commence, the district court held an emergency hearing on the State's motion. The district court explained the courtroom was socially distanced so all participants in the jury trial would remain more than 6 feet apart. Additionally, the courtroom had plexiglass barriers installed on all podiums and at the witness stand. The district court added that the Chief Judge of the McPherson County District Court, under the authority granted by Kansas Supreme Court Administrative Order 2021-PR-048, effective May 24, 2021, gave district court judges wide discretion over trial protocol. Using this discretion, the district court ordered all participants in the jury trial to wear face shields, regardless of vaccination status, and permitted the prosecutor to wear a face mask, except when questioning jurors or witnesses. The district court reasoned that face shields would protect the participants while preserving Contreras-Avila' rights to a fair trial and to confront witnesses. The
State conceded that the use of face shields would legally comply with the Kansas Supreme Court's recommendations for jury trials.

Outcome: Ultimately, we find the district court erred by dismissing this case with prejudice. The COVID-19 pandemic and its concomitant difficulties tips the scale in this close case.

Reversed and remanded

State v. Contreras-Avila, 125,485 (Kan. App. Aug 30, 2024)

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