One Count Dismissed in Judd Case

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Posted: 11:10 AM Jul 2, 2009
Last Updated: 9:03 AM Jul 3, 2009
Reporter: Dave Johnson / Rae Chelle Davis

19 comments

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Topeka, Kansas (WIBW) - Judge Nancy Parrish listened to arguments Thursday morning in the evidentiary hearing in the case against Topeka Police officer Jason Judd.

The hearing is being used to determine whether charges should be filed against Judd in the shooting of two people at a party, Daniel and Devin Llamas

Judge Nancy Parrish dropped one charge against Judd at Special Prosecutor Cindi Carle's request. The charge was a felony of aggravated assault. Judd is also charged with two counts of aggravated battery and one count of criminal trespass.

Just before noon on Wednesday Defense Attorney Tom Lemon asked Judge Parrish to dismiss the case against his client, Jason Judd. Special Prosecutor Cindi Carle agreed.

Pedro Iregonegry, attorney for the Llamas brothers, said that enough evidence had been presented to warrent a trial and that to stop now would not be in the persuit of fairness to all parties. He reminded Judge Parrish that the two witnesses who had taken the stand so far, Detective James Mummey and Lt. Phil Higdon, stood behind their investigation and the affadavit they presented to then District Attorney, Robert Hecht.

Here are some of the arguments heard in court Thursday morning:

-Judge Parrish heard from the lead detective on the case, James Mummey from Shawnee County Sheriff's Office. Mummy testified that he wouldn't have filed any charges but the District Attorney at that time, Robert Hecht, asked him to.

-Special Prosecutor Cindi Carle still maintains there's not enough evidence to prosecute Judd. Carle says Judd was fighting for his life when he pulled his weapon.

-Jason Judd said in a statement it scared him more than being in combat. Carle says Judd did not fire his weapon until he was starring down the barrel of Llamas'.

-Pedro Irigonegaray, attorney for the Llamas brothers, made the claim Thursday morning that there is enough evidence to go to trial. He claims that Judd had an open container in his vehicle the night of the incident and had been drinking prior at a Fraternal Order of Police party. A detective backed up those claims.

-Mummey also claimed Judd's blood alcohol level wasn't checked until 10 hours after the shooting that night.

-A claim was also made in court Thursday that the first thing done when police arrived on scene was a request over the police radio to get Judd a lawyer. Topeka police were reportedly on the phone searching for a lawyer at their headquarters.

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Comments are posted from viewers like you and do not always reflect the views of this station.

Posted by: Jacine Location: Topeka on Jul 4, 2009 at 08:50 AM
Logan, you can’t even spell your own profession, and as John says can't make your point without using bad language. So just because you are a police officer and can use a foul mouth your more significant then we are? I think you made your point alright and ours..

Posted by: John Location: Topeka on Jul 3, 2009 at 04:58 PM
My, my Logan. You can't make a point withouth vulgar, degrading, filthy language. Being a police office means you follow the law, you don't abuse it. Just another case of the "Boys In Blue" protectin each other.

Posted by: Logan Location: Olathe on Jul 3, 2009 at 02:51 PM
Being a Poloce officer is a LIFESTYLE. You dont become a normal guy when you take the gunbelt off at night. Unless youve been in their shoes, STFU! Armchair mediators you are, jailcell attorneys you are. You are nothing significant.

Posted by: C Location: Kansas on Jul 3, 2009 at 12:16 PM
Kay, those OFF DUTY police officers had no business even being there! He would not even of been involved if they had minded there own business and let the officers on duty handle the situation! And if he has been in combat, then a gun pointed at him should not phase him like that. I think being drunk had something to do with that, because in combat you are not going to be drinking!! And people wonder why we don't trust the TPD? This is a good example!

Posted by: Janet Location: Topeka on Jul 2, 2009 at 10:58 PM
Hey Kay, Judd was off duty.. After drinking a few ones to get brave he went looking for trouble. He went there they didnt come to him.. Well he found it. Judds life was in danger because he put himself there thinking he was mr Bad a$$ flashing his badge and gun while off duty. So are you saying that when we think we are in trouble just pull out your gun and shoot. Ya try that as regualar citizen.. See what happens.

Posted by: Lu Location: topeka on Jul 2, 2009 at 10:49 PM
It is STANDARD PROCEDURE for the police to make up a report, & send it to the DA's office. The DA then decides whether the facts warrant that charges will be filed. Then the DA requests an affidavit be prepared to give to a JUDGE who, after reading the facts, decides whether issue an arrest warrant. Law enforcement doesn't decide who will be charged. Let the chips fall where they may. There needs to be a prelim. hearing and a trial. Let the judicial process decide who is telling the truth. There is a public perception of a cover up. Evidence needs to be presented in a trial.

Posted by: Anonymous on Jul 2, 2009 at 07:17 PM
It is STANDARD PRACTICE for police to take a report to the DA's office; if the facts warrant, the DA files charges, not the police. The DA then presents the affidavit to a JUDGE who decides whether a warrant should be issued. Again, standard practice. The police also can file affidavits on their own if they feel the case is cut and dried. Let's have a prelim. hearing and a trial. Let the chips fall where they may and let justice prevail.

Posted by: Jason Location: Topeka on Jul 2, 2009 at 06:43 PM
Hey Ben.. Have you ever been in combat?? Was judd ever in combat or was he a fobbit Claiming to be. But ill bite, which branch.. Got proof or just his word?

Posted by: Joe Location: Topeka on Jul 2, 2009 at 06:38 PM
Kay, good point except for one thing. He was OFF duty and had no busines there. They Drove drunk to the area looking for trouble. If he was on duty reporting to a call thats one thing but he was not.. None of them were, they were off duty, drunk and looking for trouble. Let someone without a badge do the things all of those officers did and walk. Doubt it.. Whats next is he going to claim PTSD? Give me a break..

Posted by: Joe Location: Topeka on Jul 2, 2009 at 06:33 PM
Hey Ben, Been there 3 times left part of my leg there. Being fitted for a new leg so I can head back. You want to talk combat loser?? Common Ill take you to a few of my friends graves. If you've been in combat some punk with a gun doesn’t phase you. Only wanna be combat veterans like Judd. Just because you were in Iraq doesn’t mean you’re in combat. As for crooked police, well if the shoe fits…HMMM let’s see the TPD waited hours to do the blood work, Hmmm they were calling for lawyers. Hmmm fellow officers all admitted on a police camera they were drunk, driving drunk, oh and they drove to the house where the incident took place. All still have jobs and the cover up continues. Oh and conveniently one of the brothers gets arrested for DUI. Bet they didn’t wait hours to do the blood work on that one. Looks like crooks and cover up to me. In this case the crooks had badges on. And the chief is looking the other way!! Keep talking out the side of your mouth Ben.

Posted by: Dee Location: Topeka on Jul 2, 2009 at 02:46 PM
AMEN!! Ben and Kay. They are the only ones making sense right now.

Posted by: Jay Location: Topeka on Jul 2, 2009 at 02:36 PM
Oh I get it Kay, it is okay for police officers to get drunk and carry their guns around whild driving drunk, looking for trouble. Then when they find it and cannot handle it, it is okay for them to start shooting. Are you listening to these other fine TPD officers testify. If not you should. One of them doesn't even know that he can't drive and drink. Just listen.. If you get pulled over with an open can in your car, you will get busted. If you are driving drunk with a gun, you will get busted. Well that is unless you are a cop.

Posted by: Jay on Jul 2, 2009 at 01:30 PM
I served also in the ARMY for 9 years. I have seen combat 3 times. Judd started this fight with his buddies. They were drinking, saying he is a soldier doesn't make him look better. It makes him and our soldiers in war now look worse. Is Judd the example you want our young men and women to follow when they get out of the military?? I don't think so. Ben it is easy to tell you know Judd, but it is really simple. Those cops started that fight. They were drunk, and felt spunkie.. Now the will get what they deserve. The same sould happen to a soldier if he shot two civilians. He knew better, but still did the wrong thing.

Posted by: Kay Location: Topeka on Jul 2, 2009 at 12:52 PM
People need to remember that this specific court case is about the shooting. It is not about drinking and driving, it is not about how the SSO handled the investigation. This is about if Judd's life was in danger which would have given him just cause to defend himself. That is what is being decided and only that. Stop trying to make it about what it is not and learn the law! I agree bad decisions were made and people need to be held accountable. But I also feel if someone points a gun of you that you have a right to defend yourself.

Posted by: Ben on Jul 2, 2009 at 12:17 PM
Joe you don't know what you are talking about. Officer Judd is a veteran of the united states armed forces and served in Iraq twice. Get your facts straight. Perhaps Judd is not the idiot here? I agree that there are things that need to be reviewed but don't lump every police officer in with a few. Oh, and the SSO and KBI did the investigations, not the TPD. Boy you don't know much about what you are talking about. Look at the facts before you speak!

Posted by: Jay Location: Topeka on Jul 2, 2009 at 12:03 PM
Here are the facts, Police are not abobe the law. Those cops were drinking and driving first of all, then the started a fight. They started a fight they could not win, I mean look at Chris Bowers who can he beat up. So what is next, pull out your gun and start shooting. Even if the brothers had a gun, they were minding their own business. TPD said hey, let us hide behind our badges and instead they got humiliated in a fight. Cops are not above the law. They are here to protect and serve not to get drunk and start fights. Understand this, how do you know you can trust police now. If a cop comes to your house and says, turn the music down and you don't. You could get shot too.

Posted by: joe Location: Topeka on Jul 2, 2009 at 11:39 AM
Combat involves actually being shot at. So Judd was more scared then being in combat? What an idiot. Obviously he’s never been there. Don’t speak about things you haven’t done. Combat is more intense then looking down a barrel of some punk’s gun. Of course being DRUNK probably had something to do with that. Why are we wasting our time?? The TPD did a good job of cover up. Crooked is as crooked does. Looks like the real crooks wear badges.

Posted by: Kay Location: Topeka on Jul 2, 2009 at 11:33 AM
Where is the update about Mummey just stating on the stand that they found that there should be no charges filed but the SSO was ordered by DA Hecht to send up the affidavit to press charges. WIBW I have so much faith in you being the only honest and not one sided stations in town. Don't change my mind! Report ALL the important facts. I can't wait until the brother of the victims takes the stand to state as he did before that his brother pulled a gun first. Let the truth come out!