Allegations against prosecutors delay sentencing in Overland Park bar killing

A motion to disqualify prosecutors prompted a judge on Wednesday to delay sentencing for a Kansas City man convicted in the killing of another man in Overland Park last year.

An attorney for Dale “Poppa Willo” Willis, 34, asked for the continuance after an attorney for Willis’ brother and co-defendant, James Willis, accused prosecutors of misconduct in handling a witness in the case.

Earlier this year, a Johnson County District Court jury found Dale Willis guilty of first-degree murder in the September 2015 fatal shooting of Jurl Carter outside Jim Kilroy’s Roxy Bar at 75th Street and Metcalf Avenue.

Carter, 24, of Olathe, an aspiring rapper who performed under the names Yunglyfe Carter and Bo Boogy, was shot to death after an altercation in which Willis punched him in the face, according to trial testimony.

After he was punched, Carter got into his car and started to back out of the parking lot when someone fired multiple shots into his car.

Prosecutors alleged that the shots were fired by James Willis, who is in custody awaiting trial.

Craig Divine, attorney for Dale Willis, said he learned of the filing on behalf of James Willis Tuesday night, and filed his motion for a new trial Wednesday morning.

Divine said that based on how the judge rules on the motion by James Willis, he could have additional grounds to pursue a new trial for Dale Willis.

Assistant District Attorney Vanessa Riebli objected to the continuance but said she understood Divine’s position.

She asked for an immediate hearing to address the allegations raised by James Willis’ lawyer.

District Judge Kelly Ryan set a hearing for Monday morning to take up that motion. He rescheduled the case of Dale Willis at the same time.

At trial, prosecutors argued that Dale Willis instructed his brother to shoot Carter and said that surveillance video showed him gesturing toward Carter’s car before the shooting.

Defense attorneys maintained that no witnesses saw or heard Willis tell his brother to shoot. They also argued that Carter made statements after he was punched that led people to believe he had a gun.

No gun was found in his car after the shooting, according to testimony.

This story was originally published November 2, 2016 at 11:39 AM with the headline "Allegations against prosecutors delay sentencing in Overland Park bar killing."