A preliminary hearing scheduled Wednesday for a double shooting that resulted in one man’s death has been delayed because the surviving gunshot victim is back in the hospital.
Michael C. Morales, 48, 2314 Appleton, is charged in Labette County District Court with first-degree murder, attempted first-degree murder and interference with a law offi cer. The murder charge could lead to life in prison upon conviction.
Morales is charged with the murder of Maurice Harper and the attempted murder of Tylor Abshere.
Parsons police responded at 11 p.m. Wednesday, July 17, to the 2300 block of Appleton on a report of a man bleeding. While officers were en route they were notified that the wounds could have been from a gun or a knife, according to a release from the police department. They found Harper and Abshere with multiple gunshot wounds. Harper later died.
Deputy County Attorney Alan Brereton told District Judge Steven A. Stockard on Wednesday that Abshere is back in the hospital. Not having Abshere as a witness could introduce difficulties in presenting the case for the pre- liminary hearing, Brereton said.
He added that he wanted to subpoena the coroner who performed Harper’s autopsy to testify about the findings.
Brereton said this would be necessary to address the request of immunity from prosecution brought forward in a filing by Morales’ attorney, David McDonald, of Olathe. McDonald writes in his motion that Morales acted in self-defense in shooting the two men.
McDonald’s motion reads that Harper and Abshere were shot inside of Morales’ home. Police found Morales holding a firearm and he reportedly told police that he shot the two men.
“He told law enforcement that he had acted in self-defense and that the two men were told to leave his house, refused. The two men eventually charged at the defendant and he shot them while in fear for his life,” McDonald’s motion reads.
In Kansas, those who use justifiable force in self-defense are immune from prosecution, McDonald writes in his motion. “An individual has no duty to retreat before, or in lieu of, self-defense,” he writes.
On Wednesday, McDonald also asked for a lower bond for his client. He said Morales could afford a $50,000 bond. Bond is currently set at $500,000. Brereton objected to the reduction to $50,000.
Judge Stockard didn’t make a ruling on bond. Morales will return to court on Oct. 18 for a preliminary hearing.
