On Friday afternoon Judge William Malcolm continued the preliminary hearing of a man accused of a number of charges including aggravated kidnapping, and robbery.
Earlier Friday two other defendants waived their preliminary hearings. Ortegas Tune, 26, of Manhattan was the first to waive his preliminary hearing. Tune faces charges which include one count of aggravated kidnapping, two counts of kidnapping, and one count of aggravated robbery. His arraignment has been set for December 29.
Rasheem Wilson, 26, also of Manhattan was the next to waive his hearing–with a December 29th arraignment set. Wilson’s charges include two counts of aggravated kidnapping, one county of kidnapping, and one count of aggravated robbery.
The third defendant, 25-year-old Kaywaun Washington, was present as court resumed after the lunch break. The first witness to take the stand as the prosecution continued its case was one of the alleged female victims in the kidnapping. This report will identify her as victim B. She testified that the other alleged female victim (hereafter identified by victim A) were contacted by Ortegas Tune in reference to buying marijuana from Stephen Briggs. During her testimony she indicated that both of the female victims were held at gunpoint and bound with duct taped after arriving to pick up Tune by three gunmen. She went on to relate being put in a choke-hold while her hands were being bound by another assailant in the car, and then being continually threatened on the drive over to Brigg’s house. The witness said all of the attackers wore “mesh” masks at the time of the initial attack.
Victim B indicated one of those assailants was the defendant, and pointed Washington out in the court room.
The witness testified she heard a gun cock inside the vehicle on the drive over, and then saw other firearms in possession of the other alleged perpetrators. She continued by saying after arriving at Brigg’s house the victim A was escorted by two of the assailants toward Brigg’s apartment, and they were gone for approximately 15 minutes. Victim B says Victim A returned with the assailants, and one of the suspects was carrying three duffelbags filled with items. Victim B said they were driven back to the initial pickup point, and told not to talk or their families would suffer. Victim B said they were then released.
Further testimony from Victim B indicated that her jaw was injured in the initial stages of the kidnapping due to a choke-hold from behind by one of the suspects. Victim B said after the incident she felt especially vulnerable due to knowing some of the people involved, and that they knew where she lived in Manhattan. Victim B said she no longer feels safe in Manhattan as a result of the incident.
Upon redirect the defense asked Victim B how she knew Washington was one of the assailants since during her testimony she said the perpetrators were masked. Victim B indicated she did not know when she knew Washington was involved in the incident.
The next witness to take the stand was Stephen Briggs. Briggs testified that Victim A arrived at his door after a telephonic conversation to purchase marijuana. Briggs said he looked through the peephole and saw only Victim A, but when he opened the door he was surprised to see a “big .40 in my face” as he was pushed back into the room and secured by two suspects. According to Briggs the suspects secured him using duct tape, and a cat toy, before taking two game systems, currency, and marijuana from his apartment. Briggs told the court the suspects were wearing some sort of masks, and he could not see skin color. However, Briggs said he identified them as African-Americans due to their speech patterns, movement, and use of the “n” word. Briggs said the suspects threatened him, and threw a dart board at his legs that left a bleeding wound on his leg.
Next on the stand for the prosecution was Riley County Police Department Detective Niel Ramsey who testified that Washington confessed his involvement in the incident, and said Washington indicated that the plan was put forward by Kenneth Mallet. Ramsey said Washington described securing Victim B with duct tape, and taking marijuana from Brigg’s apartment.
During cross examination from the defense Ramsey said Washington had indicated in one of his testimonials made during questioning by police that he was coerced into the situation by Kenneth Mallet. Washington said during that questioning session that Mallet supplied him with an empty pistol, and told him it would “get ugly” if he did not participate.
The prosecution next called RCPD patrol officer Steven Melvin to the stand. Officer Melvin testified that shortly after the alleged kidnapping, and robbery, incident he had pulled Washington over for a routine traffic stop. During the stop officer Melvin said he noticed the odor of raw marijuana, and subsequently initiated a search of the vehicle. Officer Melvin said before the search began Washington informed the officers that there was a weapon in the car, and the investigation of the vehicle verified that there was a 9 mm Beretta pistol inside the vehicle.
After Officer Melvin testified the prosecution rested its case.
The defense called its first witness RCPD detective Joseph Ehrlich. Detective Ehrlich testified that during an interview with Washington the defendant had told him that he conducted the crime due to being coerced, and under duress of his own life. Washington told Detective Ehrlich that in fact he had bound Victim B’s hands loosely to show her he “wasn’t serious”. The defense asked if he could describe the manner in which the choke-hold was put in place, but the detective declined due to the length of time from the interview and not wanting to give false testimony.
The defense then called RCPD detective Emmett Smith to the stand. detective Smith said he did not see any outward signs of injury on victim B.
After detective Smith’s testimony the defense rests.
In closing arguments the prosecution revealed it would be adding another charge onto the list due to the testimony given by witnesses that day. The charge was aggravated burglary was added due to Stephen Brigg’s testimony of how the alleged suspects forced their way into the apartment.
The defense asked for the charges of aggravated kidnapping to be withdrawn due to the injuries sustained were part of the course of the “taking” part of the kidnapping, and causing no lasting damage to the alleged victims. Defense attorneys indicated they knew the prejudice towards the prosecution’s evidence was part of the preliminary hearing, but “not the law”.
After hearing the closing arguments Judge Malcolm Williams bound Washington over for arraignment for the following six charges:
1. Aggravated kidnapping of Stephen Briggs
2. Aiding and abetting aggravated kidnapping of B
3. Kidnapping of Victim A
4. Aggravated Burglary
5. Aggravated Robbery
6. Criminal Possession of a Firearm
Judge Malcolm held the bound amount at $150,000, and set an arraignment date for December 29th at 2:30 pm.
