The outcome for a local man remains unknown following his felony conviction by jury trial on Tuesday and awaiting a decision on concerning a motion for new trial filed on Wednesday.
Jarvis J. Grace, 22, of Atchison is tentatively scheduled for hearing on both matters during the month of May in Atchison County District Court.
Grace was found guilty by the jury on April 16 on one felony count criminal possession of a weapon within five years of a conviction and for one misdemeanor count misdemeanor interference with law enforcement. The jury acquitted Grace on one misdemeanor count criminal discharge of a weapon.
Grace’s court appointed defense counsel, John Kurth, filed the motion April 17 seeking a new trial or acquittal based on a claim that evidence presented during the trial did not support the finding of guilt beyond a reasonable doubt, according to court documents. Kurth raised issue that the verdict on the interference count was inconsistent with the police officer’s testimony. The remedy is for the Court to grant a new trial or a grant a judgement of acquittal.
On Grace’s behalf, Kurth also requested the motion be granted and for further relief as whatever the Court deems fair and equitable.
Grace’s motion for a new trial is up for consideration for the 1 p.m. criminal docket on Monday, May 13 in district court. Sentencing is scheduled for May 31.
Since his Atchison police arrested him on Nov. 29, 2018, Grace has been incarcerated in the Atchison County Jail. Grace was the only person arrested and charged in connection with events that unfolded after sounds of multiple gunshots were heard near Walnut and M streets vicinity.
Police arrest Grace on suspicion that he threw down a handgun after he exited a Cadillac Escalade that police alleged is the vehicle the shots were fired from. Grace was arrested after a foot pursuit. Police allege Grace was in possession of the handgun they recovered within five years after his 2016 burglary conviction.