A middle-aged Everest man is headed for a trial in the new year in connection with an early morning shooting that occurred this past summer outside an Atchison sports bar.
Tracy A. Britt pleaded not guilty Friday, Oct. 25 in Atchison County District Court to a first amended complaint that included three felony counts for aggravated assault, each punishable from a minimum of 11 months in state prison up to 34 month, the maximum. Britt also pleaded not guilty to possession of a firearm while under the influence and criminal discharge of a firearm, both crimes are misdemeanor offenses punishable by jail time. The trial is scheduled for Tuesday, Feb. 18 in district court. Pre-trial motions are set for hearing during the 1 p.m. criminal docket on Monday, Jan. 27.
The complaint alleges Britt placed three different persons in apprehension of immediate bodily harm with a deadly weapon when he fired a handgun on Aug. 3. It’s also alleged Britt at the time was under the influence of alcohol to such a degree he was rendered to be incapable of safely operating a firearm; and that the firearm was discharged upon a public road.
Atchison Police Department authorities arrested 56-year-old Britt after staff escorted him off the premises outside of Mueller’s Locker Room in the 100 block of South Second Street. An Atchison Globe news report indicated Britt was escorted out of the bar following an incident inside the bar. Britt was identified as the suspect who fired four shots from the street. Police arrived about 12:30 a.m. that night to find that persons in the area had Britt subdued and held down at ground level.
Initially, Britt faced two aggravated assault charges. The evidence stacked against Britt was presented during a preliminary hearing on Oct. 17 in district court. As a result of the hearing it was determined the evidence was sufficient to supports the belief the crimes were committed, and an additional assault charge was filed. Britt was transported to jail and bailed out later that morning after he posted a $50,000 bond.