Huff trial set for Jan. '16; motion to dismiss denied
The trial of a Topeka resident charged with shooting at motorists along U.S. Highway 75 in southern Jackson County last New Year’s Eve has been scheduled for January of next year.
Noting a trial schedule that was “pretty full” through the rest of the year, Jackson County District Court Judge Micheal Ireland on Friday set a four-day trial for Cory D. Huff, 51, to begin on Jan. 19, 2016, in district court. Huff is facing four charges of attempted second-degree murder and two charges of criminal discharge of a firearm in connection with the Dec. 31, 2014, shooting incident.
Ireland also told Huff’s attorney, William Rork of Topeka, that he would consider action on a motion filed by Huff to dismiss two of the attempted murder charges based on a supposed lack of probable cause but would deny Rork’s motion to dismiss some charges based on a “lack of jurisdiction.” All involved in the Dec. 31 incident testified that it happened in Jackson County, Ireland told Rork.
Huff currently remains at the Jackson County Detention Center on $250,000 bond, although Ireland said he would also consider a request to reduce the bond to $50,000 and use real estate owned by Huff to cover the other $200,000. If the bond is modified, Ireland said he would require Huff to be placed under house arrest with electronic monitoring and wear an “alcohol bracelet.”
According to previous reports, Huff was arrested after motorists along U.S. 75 near the Jackson-Shawnee county line reported a man firing a pistol in the early evening hours of Dec. 31. It was reported that the alleged road rage incident began in northern Shawnee County and continued north into Jackson County, where Huff was, according to witnesses, driving erratically and firing a black automatic pistol at another vehicle.
It was originally reported that no bullets struck the other vehicle, no injuries occurred, and Huff reportedly turned around and went back to Topeka, where sheriff’s officers interviewed Huff and arrested him on two attempted murder counts. It was reported that officers also seized a firearm, ammunition and other items while apprehending Huff.
On Friday, Rork’s motion to dismiss three of the charges based on a lack of probable cause centered on whether Huff had fired at one of the two vehicles involved in the incident was out of intent or recklessness. Ireland countered by saying that taking out a gun and shooting at a car stood as “an intentional act.”
Ireland also told Rork that he and another district court judge had discussed the request to put up property owned by Huff’s family as part of the bond, noting that while there was no set policy on putting up a home as collateral for a bond, the situation would become more “cumbersome” if Huff were to violate conditions of the bond.
The request was initially denied by Ireland, who later said he would “take it under advisement” if Huff could prove there were no liens against the property in question. Rork stated that the property in question was “free and clear” of any debt, and Ireland told Huff that he would “give every consideration to your request.”