Two violent cases involving a 20-year-old Leavenworth man are moving along onto the court calendar despite possible plea negotiations ongoing more than a year after the offenses occurred.
Marcell M. Bailey is tentatively scheduled for two preliminary hearings to start at 1:30 p.m. on Wednesday, Nov. 6 in Atchison County District Court. First on the docket will be Case No. CR-302 arising from shots fired at a pickup truck and its occupants on Sept. 5, 2018.
Bailey faces one count attempted first degree murder, criminal discharge of a firearm, aggravated assault and aggravated battery, all are categorized as person felonies. Bailey also faces one count criminal possession of a firearm by a convicted felon, a nonperson felony offense. The complaint was filed Sept. 10 in district court. One of the male passengers in the pickup suffered injury after a bullet grazed him.
Following the first hearing, court will hear evidence in the second case 18-CR-314 in connection with a home intrusion that occurred Aug. 29 in the Elm Drive neighborhood along the outskirts of Atchison city limits. This complaint alleges aggravated robbery, aggravated burglary, kidnapping, two counts aggravated assault, aggravated battery, conspiracy to commit aggravated robbery and criminal in possession of a firearm by a convicted felon.
Kevin Reardon, a Leavenworth-based attorney was appointed to represent Bailey.
Bailey was arrested in connection with both cases on Sept. 25 after he was located in Topeka. Since his arrest, he’s remained in custody on a $250,000 bond total.
Preliminary court proceedings were underway for November 2018 when Reardon became concerned about Bailey’s competency. Bailey was evaluated and subsequently treated at the Larned Mental Health Correctional Facility.
In the meantime, two of Bailey’s co-defendants in the home intrusion case, Devan Newson and Brandon J. Williams have been charged, convicted and sentenced to serve some prison time for the crimes, the Atchison Globe reports.