Shooting suspect may pursue Guard duty for now

An Ozawkie resident may con­tinue to serve in the Kansas Na­tional Guard for now, despite being charged with attempted second-degree mur­der in connection with the Oct. 23 shooting incident in Holton.

Kansas Second Judicial District Judge Jeff Elder on Wednesday granted a request made on behalf of Joshua Joseph Myers, 23, to allow Myers to continue to participate in Guard activities while his case makes its way through Jackson County District Court.

Myers’ at­torney, Thomas G. Lemon of Topeka, made the request after Elder set Myers’ preliminary hear­ing for Tuesday, Jan. 12 in district court.

Myers had been released from jail on a $250,000 own recogni­zance bond with the co-signature of his parents and a $50,000 cash or surety bond, and he is currently on electronically-monitored house ar­rest.

Jackson County Attorney Shawna Miller said conditions of the bond include prohibiting Myers from going anywhere other than to work or school. He has also been ordered to stay out of Jackson County, except to appear in court, Miller said.

That last condition of Myers’ bond is proving problematic for his attempt to finish his National Guard duty, Lemon said, adding that the attorney had been con­tacted by Myers’ commanding offi­cer saying that “they want (Myers) to drill if he can.” Lemon also told Elder that the commanding officer had offered to transport Myers to and from his Guard duties in Holton and that Myers would have no access to firearms.

Miller said she did not have a problem with Lemon’s request as long as Myers remains under su­pervision at all times and has no access to firearms while on guard duty in Holton. Elder also appeared favorable to the request as long as Myers continued to check in with the county attorney’s office.

Myers has been charged with attempted intentional second-de­gree murder in the Oct. 23 incident, which reportedly occurred shortly before 5 p.m. that day near the in­tersection of Fifth Street and Arizona Avenue in Holton.

It has been alleged that Myers fired a 9mm handgun at another man who was standing across the street from him before leaving Holton at a high rate of speed in a Mitsubishi Eclipse.

Sheriff’s officers located the Eclipse in Denison about 10 min­utes after the incident, it was re­ported, and Myers was taken into custody.

The Eclipse and a Taurus 709 Slim 9mm handgun were seized by sheriff’s officers at that time, according to a civil court filing in district court notifying Myers of his pending forfeiture of the items in accordance with state law.