A Parsons man pleaded no contest Tuesday to a charge that required probation but he instead agreed to serve a prison term as part of the plea.
Ashton E. Hucke, born in 1991, was charged with aggravated burglary, a mid-level felony, and attempted theft, a misdemeanor.
According to testimony at a preliminary hearing more than two years ago in Labette County District Court, the break-in occurred June 13, 2017, at a home in Winway.
Robert Gibbs testified that he left the house about 5 a.m. to go to the convenience store and returned minutes later to find bags of his possessions (clothing, electronics, etc.) piled up by the door. In his bedroom, Gibbs found Hucke, whom he knows, holding a bag in one hand and rifling through a drawer with the other.
Gibbs testified that Hucke told him, “You’re not supposed to be here.” Gibbs told Hucke previously that he was going to Tulsa that day because he said he didn’t want to hang out with Hucke. He asked Hucke why he was taking his stuff, and Hucke replied that it was “business” and left.
Gibbs reported the burglary to police.
On Tuesday, Hucke pleaded no contest to an amended charge of attempted aggravated burglary, a lower-level felony. The charge would result in a probation sentence given Hucke’s criminal history.
But his attorney, Edward Battitori, said Hucke agreed to serve the term in prison in exchange for the charge being reduced, actually cut in half.
Hucke could have received 60 months in prison had he been convicted of aggravated burglary. Now, he faces 29 months in prison and gets credit for time served as the case was pending.
Hucke will return to court on Oct. 16 for sentencing.