Marina
A new bench trial is scheduled for Devawn Mitchell, an Emporia man facing renewed legal proceedings in a fatal crash that occurred over four years ago.
The trial, which begins September 22, will be overseen by Judge Lee Fowler and could span up to three days.
Background of the Case
Mitchell was previously convicted following a high-speed collision that took place on West Sixth Avenue near Chestnut Street in 2021, resulting in the death of Steve Henry, another Emporia resident. The charges from that initial trial included:
- First-degree felony murder
- Aggravated assault on a law enforcement officer
- Felony flee and elude
Judge Fowler presided over the original bench trial, ultimately finding Mitchell guilty. Following the conviction, Mitchell received a prison sentence of nearly 50 years.
Current Legal Developments and Appeal
This upcoming bench trial stems from Mitchell’s second appeal, which argues that he received ineffective legal counsel during previous stages of the legal process. The appeal names two attorneys:
| Attorney Name | Role in Case | Complaint |
|---|---|---|
| Rick Meier | Trial Defense Attorney | Ineffective defense during original trial |
| Kurt Kerns | Appellate Defender | Inadequate representation in first appeal |
Mitchell originally filed an appeal in 2023 following his sentencing. However, the Kansas Supreme Court reviewed the case and upheld both the conviction and the sentence, finding no legal errors.
Key Dates and Timeline
| Event | Date |
|---|---|
| Fatal Crash Occurred | 2021 |
| Initial Conviction and Sentencing | 2023 |
| First Appeal Outcome | 2023 – Denied |
| Second Bench Trial Scheduled | September 22, 2025 |
Legal Implications
This renewed legal proceeding is an opportunity for Mitchell to argue that previous legal representation failed to meet standards of effective counsel.
The outcome could potentially impact his lengthy sentence, depending on the findings from this new trial.
Devawn Mitchell’s legal journey continues as he faces a new bench trial focused on claims of inadequate legal defense. With the possibility of revisiting his nearly 50-year sentence, the September proceedings will be critical in determining whether his claims hold merit.
This case underscores the importance of effective legal representation in the justice system and may set a precedent for future appeals based on similar grounds.