The Joplin Globe
November 22, 2006 11:15 pm
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By Roger McKinney
rmckinney@joplinglobe.com
COLUMBUS, Kan. - A resolution was reached Wednesday in a fourth Riverton High School student's case after originally being accused of plotting a murderous shooting spree at the school.
Caleb Byrd, 16, on Wednesday pleaded no contest to a misdemeanor charge of disorderly conduct. He previously had been charged with misdemeanor conspiracy to riot.
Judge Robert Fleming sentenced Byrd to probation until the end of the school year and 100 hours of community service. He ordered Byrd to pay court costs of $25.
"Here's my quote: It is what it is, but it ain't what it was," said Byrd's attorney, Eddie Battitori, before the court hearing.
After the hearing Battitori said disorderly conduct is the lowest misdemeanor under Kansas law and is essentially raising one's voice in public in a way that could alarm people.
Battitori, at previous hearings, had said he desired to try the case before a judge to clear his client's name. The judge had denied an earlier request for a jury trial.
"He wants to start moving out of this fiasco, so to speak," Battitori said. He said with the case resolved, the last day of school will be the end of the matter for Byrd.
Battitori said despite his client deciding not to continue to fight prosecution, he remains adamant that authorities acted inappropriately in the case.
"It was all completely sensationalized and blown out of proportion," Battitori said. He said after initially taking the case, prosecutors in the office of Kansas Attorney General Phill Kline dumped the case on Cherokee County Attorney Michael Goodrich.
"He was left to sweep up the debris," Battitori said of Goodrich.
Andrew Jaeger, 15, on Friday pleaded no contest to the same reduced charge, Fleming said after Wednesday's hearing. He said he found Jaeger guilty and sentenced him to probation until the end of the school year. Fleming said he did not sentence Jaeger to community service because Jaeger's father has a health condition that requires his son's care.
Before the plea, Fleming said he had denied a motion by Jaeger's attorney, JoAnna Derfelt, to suppress evidence collected in the case.
Fleming also had previously denied Derfelt's request for a jury trial for Jaeger.
Two other co-defendants, James Tillman, 16, and Robby Hunt, 17, pleaded guilty in August to misdemeanor conspiracy to riot. Fleming sentenced them to probation for the school year and 100 hours of community service.
The only pending case remaining is against Coy New, 18. New is charged with misdemeanor conspiracy to riot and his trial is scheduled to begin Monday.
The five students originally had been charged with felony criminal threat and felony incitement to riot. Tillman also was charged with felony solicitation to commit first-degree murder. The assistant attorneys general originally had sought to try the juvenile students as adults, but when that was denied, the attorneys from Kline's office referred all five cases back to Goodrich. Goodrich reduced the charges to the single misdemeanor conspiracy to riot charge, saying that was the charge the evidence supported.
Online students
James Tillman, Robby Hunt, Andrew Jaeger and Caleb Byrd this school year are taking online courses through the Greenbush Education Service Center after Riverton school officials refused to allow them to return to school. New has graduated.
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