Description: Topeka, Kansas criminal defense lawyer represented the Defendant charged with aggravated robbery.

Sixteen-year-old D.H. was charged as a juvenile with aggravated robbery. After the district court granted the State's motion to prosecute him as an adult, a jury convicted him of the lesser included offense of robbery.

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On a fall evening in October 2020, Tasha Poort and her husband Jarred, alongside their friend William Miller, were remodeling their restaurant. Tasha started her van remotely while still inside the restaurant. She then went outside and got into the driver's seat. As she was preparing to drive away, she heard a bang and noticed a handgun against the driver's side window.

Tasha saw two men outside her vehicle. Both had on COVID masks with the hoods of their sweatshirts drawn tight so only their faces were visible. One of the men opened her door and they screamed at her to get out. As they pulled her out of the van, she reached for her cell phone. While one man pointed the gun at her, the one without the gun said "'She's got her phone. Take her phone.'" He also said, "'Shoot her. Just fucking shoot her.'" And the one with the gun said, "'I'll kill you.'"

One of the men asked her, "'Where is the bread?'" She told them she did not have any money, then one of the men started to get into the driver's seat of her van. While he stepped into the van, Tasha turned and ran into the restaurant. As she ran, Tasha yelled out to Jarred and William that there were men in her van, and they had a gun.

After hearing Tasha, Jarred and William ran outside, and William brought his gun. One man fled from the van so Jarred chased after him and called 911. With a firearm drawn, William ordered the man in the driver's seat of the van to get on the ground. The man-who turned out to be D.H.-complied. He was arrested when police arrived.

The police conducted a cursory search, but no weapons were discovered in the van or elsewhere. Eventually Tasha's phone was found one block from the crime scene.

At first, D.H. identified himself to the police by his middle name, Amarion. But he later told them his first name. When he was interviewed while in police custody, he told police he was walking by Tasha's van and noticed it was running. He said he approached it to ask for a ride but saw it was empty. As D.H. was walking away, he said a nearby stranger called him over. D.H. said the stranger pulled out a gun and ordered D.H. to help him rob a Baskin Robbins. D.H. did not know what to do, so he went with the man.

When the men arrived at Baskin Robbins, D.H. discovered the store was locked. The other man saw a woman nearby (which turned out to be Tasha) and told D.H. that they were going to get her. The man explained to D.H. that he did not know how to drive, which meant D.H. would have to drive Tasha's van. D.H. said he followed the man because he had a gun. D.H. denied voluntarily participating in the robbery or pulling Tasha out of her van. He also said he did not know the man with the gun.

Journal Entry to Authorize the Prosecution of D.H. as an Adult

Before trial, the State successfully moved to prosecute D.H. as an adult. In explaining its decision at the hearing on the State's motion, the district court discussed all eight factors set forth in K.S.A. 38-2347(d) which must be considered in determining whether to prosecute a juvenile as an adult. It also told D.H.:

"The Court is bound to follow [K.S.A.] 38-2347 which talks about prosecution as an adult. Within that statute, it talks about the State having the burden when they file a motion to prosecute an individual as an adult like you. There's eight factors, they talked about four, and they laid forth the evidence of four of those eight factors. And by a preponderance of the evidence, if those factors are met, you'll be tried as an adult. If those factors are not met, I can extend jurisdiction to be tried as a juvenile, that's how it works.

"Now, I want to be very clear, this is not your trial of guilt, or innocence, this is not what this is about today. This is whether or not these factors are met. That's all this is."...

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The jury acquitted D.H. of aggravated robbery but convicted him of the lesser included offense of robbery. The district court sentenced D.H. to 120 months in prison.

Outcome: Affirmed

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