Helmer clears courtroom of all but press and attorneys

Judge agrees to delay murder hearing

By SHARON MONTAGUE

Salina Journal

Continuing difficulties in locating witnesses led prosecutor Christina Trocheck to request a delay Wednesday in the preliminary hearing for three men charged in connection with the attempted murder of a Salina man who was later found shot to death in his home.

In an unusual move, Saline County District Judge Jerome Hellmer closed the hearing to all but the media and attorneys. Hellmer then granted Trocheck's delay, but he agreed to reduce the bond -- from $500,000 to $250,000 -- for defendants Antwon M. Pierce, 29, 1005 N. 10th, and Rickey L. Hopkins, 24, 250 N. Phillips.

The two are charged with attempted second-degree murder, accused of shooting three times at Alfred W. "Al" Mack Jr., 24, and another man May 21 as the two men sat in a car in the 600 block of South Front Street. Police have not identified the man who was in the car with Mack.

After the hearing, Trocheck and Hellmer declined say why all but the press and attorneys were excluded from the hearing, saying they would not discuss a pending case.

JoAn Lindfors, who represents Hopkins, said she hasn't experienced a case in Saline County in which a judge has excluded the public from the courtroom. However, she said she did have such experiences as a prosecutor in Shawnee County, where she worked previously.

"When there are sensitive issues, such as in this case -- we did have a victim who died -- it is done, and in cases with unsolved crimes," she said.

Pierce and Hopkins have been in the Saline County jail since they were arrested shortly after the incident.

The third defendant, Steven D. Brown, 34, 227 N. Penn, who was in the car with Pierce and Hopkins when they were stopped in connection with the crime, faces less serious charges of aiding a felon and possession of drug paraphernalia. He was arrested with the other men but released from custody, according to jail records.

Concerned for his safety

Mack wasn't injured in the May 21 shooting. He had been subpoenaed as a witness to testify against Pierce, Hopkins and Brown at the preliminary hearing and had told police he was concerned about his safety.

Mack was found shot to death in his apartment at 1012 Johnstown early in the morning of June 13. Police said the door had been forced open. No one has been arrested in connection with Mack's murder.

Pierce and Hopkins have been held on $500,000 bond since their arrests. Their attorneys objected to delaying the preliminary hearing and asked that, if the delay were granted, the bond be reduced so the men could attempt to arrange for bail.

No criminal record

Lindfors said her client, Hopkins, has no criminal record. She noted that no one was injured in the incident and, although the state has alleged that Hopkins might have been involved in other shootings, no additional charges have been filed.

Hellmer agreed to delay the preliminary hearing, saying Trocheck needed to be given time to locate witnesses. The new hearing date is 9 a.m. July 7.

Hellmer also reduced the bond to $250,000 for Pierce and Hopkins.

He ordered that the two, if released from jail, have no contact with the victims or any potential witnesses, that they report regularly to court services officers and that they not possess guns.

Emotionally charged

Hellmer noted that the incident and Mack's subsequent shooting death were "emotionally charged events" in the community, and he urged the men to act responsibly, speaking only with their attorneys about the events.

Lindfors said she didn't know whether Hopkins would be able to arrange to be released from jail with the reduced bond.

Trocheck also asked that the judge revisit the issue of appointed counsel if the men are able to post bond and be released from jail.

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