More than 12 years in state prison was the fate handed to a 25-year-old Atchison man for his role in a late summertime home invasion along the outskirts of Atchison city limits.
Devan T. Newson was sentenced to 88 months and 36 months post release supervision for aggravated robbery and 59 months for kidnapping and 36 months of post release supervision are to run consecutively to one another. Newson is eligible for 15 percent good time credits for both sentences.
He was additionally handed 18 months in prison for conspiracy to commit aggravated burglary with 24-months of post release supervision concurrent to the two consecutive sentences. Newson was also ordered to register as a criminal offender, according to the statutory guidelines.
Because Newson was serving felony probation in connection with previous convictions and his new convictions involved a firearm in the crimes he was subject to a special rule, meaning the judge would Newson’s court-appointed defense attorney, John T. Bryant, of Leavenworth, had filed a motion for the court to consider concurrency on all three convictions.
The defendant has accepted responsibility and would like to be able to get out of prison, become a more productive citizen and spend time with his seven children, Bryant told the court.
Prior to the announcement of sentences, Newson spoke on his own behalf and apologized for his actions.
“I am terribly sorry for the events of that night,” Newson said.
He added he was also sorry for the events that happened to the kids that night.
Atchison County Attorney Sherri Becker objected to any consideration of leniency because of the traumatic impact on the victims.
“They are horrified,” Becker said.
As Judge Robert Bednar started to announce Newson’s fate, the defendant walked out of the court room without permission; jail staff escorted him back into court. Bednar said he wanted it noted in the court records that the crime involved a knife held to the throat of a 14-year-old boy and a gun between the two adult victims.
Newson was convicted May 21, the factual basis centered on Newson’s persuasion of others to participate in crimes that resulted in the unlawful entry of a dwelling where a family was present. Two co-defendants entered the house on Aug. 29, 2018 for the purpose of taking control of thousands of dollars in a cash box.
After it was realized the home was occupied, Newson by cell phone directed the co-defendants to proceed with the plan. During the course of actions, the family members were threatened and ordered to turn over all cell phones and get down on the floor.
A demand for the cash was made at gunpoint. After the codefendants obtained the cash they left the house and returned to the car where Newson and a female driver were waiting then turned the money over to Newson based on testimony heard during a Nov. 14 evidentiary hearing in district court.
Court proceeding are pending for one of the co-defendants, Marcell M. Bailey, is undergoing a competency evaluation and treatment at the Larned Mental Health Correctional Facility.
The second co-defendant, Brandon J. Williams subsequently pleaded guilty in the latter part of 2018 and is currently serving a 41-month sentence for aggravated burglary. As of yet, the driver of the vehicle has not been charged with any crime.
In exchange for Newson’s plea, three counts kidnapping, two counts aggravated assault, two count theft and one count trafficking contraband, all felonies, were dismissed. The contraband was in connection with a March 18 incident at the Atchison County Jail.
All others arose from the home intrusion.