Court proceedings will move on without a hearing of evidence for a 21-year-old man facing charges in connection with two violent occurrences hat occurred in the late summer months of 2018 in the Atchison area.
Marcell M. Bailey, an inmate in the Atchison County Jail, formally waived his right to have preliminary hearings Thursday morning, Feb. 27, in Atchison County District Court.
Bailey’s court-appointed defense attorney Gregory Robinson, of Lawrence, announced in court that the defendant and counsel have discussed the matters and request the matter proceed to arraignment in both cases at a later date. The expectations are that Bailey will possibly enter his plea during the 1 p.m. criminal docket on Monday, March 23, in district court.
Initially, Bailey was scheduled for a preliminary hearing, but instead made a decision to go forward.
Bailey plethora of charges arising from two felony complaints that were filed in connection with incidents that occurred within about a week apart. The first case, 18CR302 relates to shots fired at a pickup truck and its occupants on Sept. 5, 2018, within Atchison city limits.
As a result of the event, one of the male occupants was grazed by a bullet. The formal charges were filed Sept. 10, 2018, in district court. Bailey faces four person felony counts filed in the complaint that includes: first degree murder, criminal discharge of a firearm, aggravated assault and aggravated battery. An additional count of criminal in possession of a firearm by a convicted felon is a nonperson felony offense.
The other grouping of charges filed in 18CR314 are related to a home intrusion that occurred Aug. 29, 2018 in the Elm Drive neighborhood located along the outskirts of Atchison city limits. This complaint against Bailey 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.
Bailey was arrested in Topeka on Sept. 25, 2018, and since that time he has remained in custody in lieu of a $250,000 bond total for both cases.
Leavenworth-based attorney, Kevin Reardon served as Bailey’s first court-appointed attorney. After Reardon raised concerns about Bailey’s competency in November 2018, a mental evaluation was ordered.
Findings as a result of the evaluation subsequently led to treatment for the defendant at the Larned Mental Health Correctional Facility and postponement of court proceedings. Court proceeding resumed in early August of 2019. Reardon filed a motion to withdraw as defense counsel on the heels of a pro se motion from the defendant to fire his court-appointed counsel and request a new attorney.
Robinson, was appointed in mid-November 2019 to represent Bailey. Due to the serious nature of the crimes attorneys are required to meet a certain level of criteria to provide defense counsel for Bailey.
Initial news and law enforcement reports imply that Bailey resided in Atchison when the crimes occurred, but he has ties to Leavenworth County.
In connection with the home intrusion case, Bailey’s two co-defendants, 28-year-old Brandon J. Williams and Devan T. Newson, 26, have been convicted and are serving their respective sentences in Kansas prisons.
Newson was convicted for aggravated burglary, aggravated robbery and kidnapping. The Kansas Criminal Justice Information System indicates his earliest possible release date is June 17, 2029, and he is currently in special management custody at the El Dorado Correctional Facility.
Williams, convicted of aggravated burglary of dwelling is working a job at the Winfield Correctional Facility with an earliest release date of May 21, 2021, the KCJIS report indicates.