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Man accused of shooting deputy charged with attempted capital murder

  • The Wichita Eagle
  • Published Friday, Oct. 11, 2013, at 7:52 p.m.
  • Updated Thursday, Feb. 6, 2014, at 7:39 p.m.

A man accused of shooting a Butler County sheriff’s deputy during a routine traffic stop last month will stand trial for attempted capital murder and other charges.

Butler County District Court Judge David Ricke on Friday ruled there was probable cause to bind Jan Tracy Kilbourne over for jury trial on charges he fired the round that injured Deputy Jacob Lawrence on Sept. 2 near Augusta, Butler County Attorney Darrin Devinney said by phone after the hearing.

Kilbourne also faces one count of criminal possession of a firearm by a convicted felon and one count of interfering with a law enforcement officer stemming from the Labor Day incident.

His trial is set for Dec. 16, Devinney said. Kilbourne remained in Butler County Jail on Friday in lieu of $1 million bond.

Kilbourne, 41, became the subject of an extensive manhunt last month when he fled the shooting scene along U.S. 54 near Santa Fe Lake Road. He was arrested four days later at a Wichita home after law enforcement received a tip concerning his whereabouts.

Asked about Friday’s hearing, Devinney said the evidence against Kilbourne “seems to be extremely clear.”

“It largely rested on the shoulders of Deputy Lawrence,” whose protective vest stopped the bullet fired on Sept. 2, Devinney said.

Also testifying Friday, Devinney said, were Butler County Sheriff’s Detective Monty Hughey, who spoke about a gun found where Kilbourne was arrested, and Augusta Department of Public Safety Sgt. Chad McCluskey, who aided the wounded deputy after the shooting.

Kilbourne’s court-appointed attorney, James Watts, declined to comment on the hearing when contacted by The Eagle.

Devinney said a charge of attempted capital murder can draw a sentence of approximately 12 to 54 years in prison, depending on the accused’s criminal history. Kilbourne has multiple misdemeanor and felony convictions, including drug and traffic offenses, stretching back for more than a decade. He also served time in prison on a 2002 drug possession case, Kansas Department of Corrections records show.

Reach Amy Renee Leiker at 316-268-6644 or aleiker@wichitaeagle.com. Follow her on Twitter: @amyreneeleiker.

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