UPDATE: Jan Kilbourne found guilty of attempted murder

By: Lily Wu - Email
By: Lily Wu - Email
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EL DORADO, Kan.-- Jan Kilbourne has been found guilty of the lesser charge of attempted second degree murder, instead of attempted capital murder.

The jury also found Kilbourne guilty of two other charges, possession of a firearm by a felon and interference of law enforcement.

Jurors took about two and a half hours to reach the verdict this afternoon.

Kilbourne will return to the Butler County Courthouse for a sentencing hearing on February 6.

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The State and defense team made their closing arguments on Thursday Afternoon.

Wednesday, during the second day of the jury trial both the State and defense rested their case, involving the man accused of shooting a Butler County sheriff's deputy on Labor Day.

Jan Tracy Kilbourne, 41, is accused of shooting a deputy during a "Terry stop" in the early morning hours of September 2.

Authorities initially called it a traffic stop but there were no traffic violations. Instead, the officer made a "Terry stop," under suspicion of a car in a parking lot during the early morning hours of the Labor Day holiday.

He said he did not intend to kill the deputy.

"I just actually wanted to spook him away. I thought that he was further away then right there," said Kilbourne as he testified in court.

When his defense attorney asked him, "When you drew that weapon and fired it, what was your intent?"

"Scare him," said Kilbourne.

The defense attorney continued with the following questions, "Did you intend to strike the officer?" and "Did you intend for the round to hit the officer?"

Kilbourne replied no to both questions.

The deputy had just collected information from the driver and had gone back to his patrol car when Kilbourne fired a revolver. The deputy was hit in the shoulder with the protective vest stopping the bullet. The deputy then returned fire.

During today's testimony, the deputy said that besides the first shot that was fired, he could not testify if a second round was ever fired by the shooter.

Law enforcement officers searched for Kilbourne for several days, until he was arrested four days later in Wichita.

He was charged with attempted capital murder, criminal possession of a firearm by a felon and interference with law enforcement.

In October, Kilbourne pleaded not guilty during the preliminary hearing but the judge determined there was enough evidence to send him to trial.

The jury will return tomorrow at 10 a.m. Deliberations are expected on Thursday.

KAKE's Lily Wu will continue tracking this trial from the courtroom tomorrow. She will be tweeting updates via @KAKE_Lily.

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