Overland Park councilman’s domestic battery charge dismissed after 2nd attempt at trial
A Johnson County judge on Thursday dismissed a misdemeanor domestic battery charge against Overland Park Councilman Scott Hamblin after denying a prosecutor’s request for a continuance.
In dismissing the case, Johnson County Judge James E. Phelan told prosecutors that they could refile the case at a later date. The hearing was held by video conference because of COVID-19.
Hamblin, 43, was arrested on July 21, after the Overland Park Police Department was called to his residence in the 17700 block of Garnett Street. Prosecutors charged him with one count of domestic battery with no priors, a class B misdemeanor.
“Mr Hamblin and his family are grateful for the court’s ruling,” Hamblin’s attorney, Kevin Regan, said in a statement. “Mr. Hamblin looks forward to continuing to serve his constituents with great dedication.”
Assistant District Attorney Samantha Shannon sought a continuance in the case because she said an Overland Park police officer, who is a material and essential witness, was unable to testify since he was quarantined due to a COVID-19 exposure.
Shannon also requested a material witness warrant because the victim did not show to testify at the trial, but she was denied. Shannon contended that numerous efforts had been made over multiple days to serve the victim a subpoena to testify, but prosecutors were unable to secure the victim’s appearance.
During one attempt, an investigator saw the victim on the other side of a door and motioned her to come to the door. The victim, however, didn’t answer the door. The investigator left subpoenas for the victim and another witness.
Regan asked that the continuance be denied, saying this was the second time they have been ready to go to trial. He contended the state’s request for a continuance was without merit because the police officer could have testified by video conference.
Regan also contended that the victim had not been personally served with the subpoena and that a request for the material witness warrant was like “victimizing the victim.”
Phelan denied the request for the continuance, saying he wasn’t sure that the victim had been properly served with the summons to appear in court. He said arresting an alleged victim or witness in a criminal case was “pretty harsh” considering the current COVID-19 rules.
He added that prosecutors had two attempts to serve the summons to the witness but was unable to. He did, however, leave open the possibility for prosecutors to refile the case if they deemed the matter serious enough.
The Star generally does not identify victims of domestic violence without their permission.
This story was originally published December 10, 2020 at 1:53 PM.
