A Labette County judge dismissed a multiple felony criminal case during jury trial because of an evidentiary issue, but the county attorney said she is appealing the ruling.
Dillon R. McIlvain, Parsons, faced 12 charges in Labette County District Court. The charges are: Aggravated intimidation of a witness (two counts), aggravated domestic battery, aggravated kidnapping, robbery, criminal threat, aggravated assault and aggravated criminal sodomy and rape, all felonies. He also faces three misdemeanors: Two counts of domestic battery and one count of criminal restraint. The alleged crimes happened in 2023.
The complaint alleges only one victim. The trial began last week and concluded on Friday with Judge Fred W. Johnson dismissing the case with prejudice. This means that the case cannot be refiled.
County Attorney Mandy Johnson said McIlvain’s attorney, Robert Myers, claimed there was a Brady violation and requested a hearing. She said that, over her objections, Judge Johnson found there was a Brady violation but that it was not intentional.
She filed a request for a transcript of the trial and motions hearings and said she will appeal the ruling.
A Brady violation broadly relates to a prosecutor failing to disclose evidence favorable to the defense. The evidence is considered material if its suppression could affect the outcome of a trial.
