State v. Hunter

740 P.2d 559 (1987)

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Nature of the Case

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Facts

D hitched a ride with Mark Walters, Lisa Dunn, and Daniel Remeta. Remeta displayed two weapons, a .357 Magnum and an inoperative .22 pistol. D repaired the .22 and Remeta fired the .22 out of the car window several times. When they reached the intersection of I-135 and I-70, D asked to be let off. At that point, Remeta began talking about another hitchhiker he wished he had killed and also described prior crimes he had committed, including several murders. Dunn, Walters, Remeta, and D were pulled over by a police car. The sheriff instructed the occupants to remain in the car and put their hands on the ceiling. One of the passengers exited the car and fired two shots through the sheriff's windshield. The sheriff identified the person who fired these shots as having shoulder-length brown hair and a full beard. This description matched that of D. Immediately thereafter, the sheriff was shot by the same person in the arm and chest. At trial, the sheriff identified D as his assailant. D, Dunn, and Remeta all testified that it was Remeta who shot the sheriff. D testified that, after the sheriff was shot, he attempted to shoot Remeta with the .22 handgun but accidentally wounded Dunn. Dunn and Remeta corroborated this testimony. Shortly after the shooting, the vehicle reached the Bartlett Elevator in Levant Kansas. There was a shooting at the elevator. There was conflicting evidence of whether D was involved. Two people were taken as hostages. Remeta testified that he killed both Schroeder and Moore and left them at the side of the road. Police caught up with the pickup truck and forced it off the road at a farm. During an exchange of gunfire, Walters was killed. Subsequently, Remeta, Dunn, and D were arrested. Prior to trial, Remeta entered a plea of guilty to all charges. Dunn and D were tried by a jury, found guilty of all counts, and sentenced to consecutive terms. Dr now appeals his conviction of two counts of felony murder (Schroeder and Moore), two counts of aggravated kidnapping (Schroeder and Moore), one count of aggravated battery on a law enforcement officer (Albright, the sheriff), one count of aggravated battery (Christie), and one count of aggravated robbery.