Wichita man’s trial in Jessica’s Law case to begin

A Wichita man who successfully withdrew his guilty plea in a Jessica’s Law case will be tried on the charges this week.

Prosecutors will attempt to prove that Breyon Mukes, 22, both sodomized and attempted to sodomize a 12-year-old girl at a Wichita house two years ago. Jury selection started Monday and is expected to continue Tuesday, according to the Sedgwick County District Attorney’s Office.

Mukes entered a guilty plea to one count of aggravated criminal sodomy in the case, according to court records, in exchange for the dismissal of three other charges and a recommendation from attorneys for a prison term shorter than the presumptive 25 years to life.

But with a few days left until his sentencing, he asked the court to throw out his plea. A judge sided with him in April and reinstated the original charges against him, according to court records.

In Kansas, Jessica’s Law crimes encompass several sex acts between an adult and a child younger than 14. Aggravated criminal sodomy is among them.

A conviction carries a presumptive prison sentence of life without parole eligibility for 25 years.

This is not the first time Mukes has been tried on child sex crimes charges in Sedgwick County. Nearly three years ago, a jury found him not guilty of raping a 5-year-old girl after prosecutors offered no DNA evidence and conceded that hospital staff members found no physical indications of sexual abuse when the girl was examined.

Mukes had been accused of luring the girl into a bedroom, removing her clothing, having sex with her and then giving her $1 and a piece of gum to keep quiet in 2010.

In the case being tried this week, Mukes is charged with sodomizing the 12-year-old in August 2014 and then trying again the following month. The girl’s sister discovered Mukes lying in bed with the girl around 3:30 a.m. on Sept. 11, 2014, according to court records.

The girl told a detective investigating the allegations that Mukes had molested her on other occasions, according to court records.

Mukes this week also is being tried for allegedly possessing a Ruger pistol on Sept. 12, 2014, after having a felony conviction and defacing a gun.

He remains in Sedgwick County Jail in lieu of $275,000 in bonds.

This story was originally published August 29, 2016 at 6:10 PM with the headline "Wichita man’s trial in Jessica’s Law case to begin."