A man facing charges arising from violent crimes that occurred in late summer of 2018, is scheduled for an upcoming December court date with a new attorney.
Marcel M. Bailey, 20, was scheduled to hear the evidence against him Nov. 6 in the State of Kansas First District Court of Atchison County. Instead, Kevin Reardon, the initial court-appointed counsel, was formally allowed to withdraw from the case.
Serving as Bailey’s defense counsel since Sept. 28, 2018, Reardon filed the motion to withdraw on Oct. 4, the same day Bailey filed a motion pro se to fire him. Plea negotiations been ongoing to reach resolutions in both cases, Reardon indicated, during numerous court appointments prior to the day the recent motions were filed. Among the reasons Bailey cited in his letter are that he did not want the plea as offered and “for not getting things done in a timely manner.”
Bailey faces two batches of charges. The first case, 18CR302, arose from shots fired at a pickup truck and its occupants on Sept. 5, 2018, within Atchison city limits. A male occupant in the vehicle was grazed by a bullet. The felony charges were filed Sept. 10, 2018, in district court.
The complaint charges Bailey with one count first degree murder, criminal discharge of a firearm, aggravated assault and aggravated battery, all are categorized as person felonies. The remaining count of criminal possession of a firearm by a convicted felon is a nonperson felony offense.
The second batch of charges, in case number 18CR314, are connected to a home intrusion that occurred Aug. 29, 2018, in the Elm Drive neighborhood along the outskirts of Atchison city limits. This felony complaint alleges aggravated robbery, aggravated burglary, kidnapping, two counts aggravated assault, aggravated burglary, conspiracy to commit aggravated robbery and criminal in possession of a firearm by a convicted felon.
Gregory Robinson, of Lawrence-based attorney, meets the level of criteria required to defend Bailey, due to the serious nature of the criminal allegations against him. Robinson was appointed to serve as Bailey’s defense counsel on Nov. 14. Bailey’s first appearance with Robinson is tentatively scheduled for the 1 p.m. criminal docket on Monday, Dec. 9, in District Court.
Since his arrest for both cases on Sept. 25 after he was located in Topeka, Bailey has been in custody in lieu of a $250,000 bond total. During November 2018, Reardon raised concerns about Bailey’s competency. In light of a competency evaluation Bailey subsequently underwent treatment at the Larned Mental Health Correctional Facility. He returned to the Atchison County Jail after which, court proceedings resumed on Aug. 9, as indicated from district court records.
Bailey’s two co-defendants, Devan Newson and Brandon J. Williams, have been charged, convicted and sentenced to serve their respective prison terms for involvement in the home invasion case.