A local man likely will serve a few months of prison time in connection with a summertime shooting that sent one man to the hospital for treatment of a gunshot wound sustained the North Eighth and Division street vicinity.
Kevin V. Maxey, 32, of Atchison, was sentenced Friday in Atchison County District Court to a 14 month-prison term for a felony criminal threat intentionally to commit violence or to instill fear. Maxey was given 156-day credit for the time he has served in jail between his arrest and while awaiting court proceedings. Additionally, Maxey was deemed eligible for 20 percent good time credit.
Maxey was subject to a special rule based on his criminal history that included three felony convictions: A 2007 Atchison County for aggravated robbery; two Leavenworth County convictions, one from 2010 for attempted aggravated battery and a 2013 contraband conviction. Maxey agreed with his criminal history, but disagreed that there might a hold in place from another jurisdiction that might possible extend time to serve in relation to one of previous sentences. Maxey said he is certain that he has served all of his time as ordered as well as post-release supervisions in connection with past crimes.
Maxey pleaded guilty to the threat charge on Friday, Nov. 7 that was amended from one count attempted second degree murder, criminal in possession with a firearm by a convicted felon and criminal discharge of a weapon, all felonies. Maxey had pleaded not guilty to the original complaint on Sept. 6 and the trial was first scheduled to begin Sept. 30. Maxey’s court-appointed defense attorney, John Kurth requested a continuance to examine a discovery of some evidence. The trial was re-scheduled for Nov. 12. In the meantime, Maxey pleaded to the amended complaint and the initial charges were dismissed.
Before Maxey heard his fate he commented about the incident that arose to his conviction that involved an early morning disturbance on June 9 among a group of about 20 persons. Initial news accounts indicate a verbal argument between two people turned physical. The altercation escalated into shots fired. Atchison police reported a 42-year-old man suffered serious injuries after he was shot and was transported to Mosaic Hospital in St. Joseph, Missouri. The shooting victim has since been released from hospital care.
“I stuck to my innocence for not shooting a man,” Maxey said. “I was falsely accused.” Maxey continued to address the court. He said a swing was taken at him, and his threat was said in self-defense.
“I went to the hospital for two months because I was struck with a bottle,” Maxey said of his course of treatment in the aftermath of the injury he suffered inflicted from bottle.
Maxey has been in the County Jail since July 10 after authorities apprehended him July 3 in St. Joseph, Missouri.
Maxey said since his release from prison served in wake of his past convictions in 2017 he has resided in Atchison and has abided with the law, the rules and conditions of post-release supervision.