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State of Kansas v. John K. Ewing
Date: 02-23-2023
Case Number:
Judge: Not available
Court: Third Judicial District Court, Shawnee County, Kansas
Plaintiff's Attorney: Shawnee County Kansas District Attorney's Office
Defendant's Attorney:
Description:
Topeka, Kansas criminal defense lawyer represented Defendant charged with first degree murder.
John K. Ewing, age 62, of Scranton, Kansas was accused of killing his ex-girlfriend, Deborah Stephesn, age 58, with an axe in the Coachlight South mobile home park in April 2021.
21-5402. Murder in the first degree. (a) Murder in the first degree is the killing of a human being committed:
(1) Intentionally, and with premeditation; or
(2) in the commission of, attempt to commit, or flight from any inherently dangerous felony.
(b) Murder in the first degree is an off-grid person felony.
(c) As used in this section, an "inherently dangerous felony" means:
(1) Any of the following felonies, whether such felony is so distinct from the homicide alleged to be a violation of subsection (a)(2) as not to be an ingredient of the homicide alleged to be a violation of subsection (a)(2):
(A) Kidnapping, as defined in subsection (a) of K.S.A. 2012 Supp. 21-5408, and amendments thereto;
(B) aggravated kidnapping, as defined in subsection (b) of K.S.A. 2012 Supp. 21-5408, and amendments thereto;
(C) robbery, as defined in subsection (a) of K.S.A. 2012 Supp. 21-5420, and amendments thereto;
(D) aggravated robbery, as defined in subsection (b) of K.S.A. 2012 Supp. 21-5420, and amendments thereto;
(E) rape, as defined in K.S.A. 2012 Supp. 21-5503, and amendments thereto;
(F) aggravated criminal sodomy, as defined in subsection (b) of K.S.A. 2012 Supp. 21-5504, and amendments thereto;
(G) abuse of a child, as defined in K.S.A. 2012 Supp. 21-5602, and amendments thereto;
(H) felony theft of property as defined in subsection (a)(1) or (a)(3) of K.S.A. 2012 Supp. 21-5801, and amendments thereto;
(I) burglary, as defined in subsection (a) of K.S.A. 2012 Supp. 21-5807, and amendments thereto;
(J) aggravated burglary, as defined in subsection (b) of K.S.A. 2012 Supp. 21-5807, and amendments thereto;
(K) arson, as defined in subsection (a) of K.S.A. 2012 Supp. 21-5812, and amendments thereto;
(L) aggravated arson, as defined in subsection (b) of K.S.A. 2012 Supp. 21-5812, and amendments thereto;
(M) treason, as defined in K.S.A. 2012 Supp. 21-5901, and amendments thereto;
(N) any felony offense as provided in K.S.A. 2012 Supp. 21-5703, 21-5705 or 21-5706, and amendments thereto;
(O) any felony offense as provided in subsection (a) or (b) of K.S.A. 2012 Supp. 21-6308, and amendments thereto;
(P) endangering the food supply, as defined in subsection (a) of K.S.A. 2012 Supp. 21-6317, and amendments thereto;
(Q) aggravated endangering the food supply, as defined in subsection (b) of K.S.A. 2012 Supp. 21-6317, and amendments thereto;
(R) fleeing or attempting to elude a police officer, as defined in subsection (b) of K.S.A. 8-1568, and amendments thereto;
(S) aggravated endangering a child, as defined in subsection (b)(1) of K.S.A. 2012 Supp. 21-5601, and amendments thereto;
(T) abandonment of a child, as defined in subsection (a) of K.S.A. 2012 Supp. 21-5605, and amendments thereto; or
(U) aggravated abandonment of a child, as defined in subsection (b) of K.S.A. 2012 Supp. 21-5605, and amendments thereto; and
(2) any of the following felonies, only when such felony is so distinct from the homicide alleged to be a violation of subsection (a)(2) as to not be an ingredient of the homicide alleged to be a violation of subsection (a)(2):
(A) Murder in the first degree, as defined in subsection (a)(1);
(B) murder in the second degree, as defined in subsection (a)(1) of K.S.A. 2012 Supp. 21-5403, and amendments thereto;
(C) voluntary manslaughter, as defined in subsection (a)(1) of K.S.A. 2012 Supp. 21-5404, and amendments thereto;
(D) aggravated assault, as defined in subsection (b) of K.S.A. 2012 Supp. 21-5412, and amendments thereto;
(E) aggravated assault of a law enforcement officer, as defined in subsection (d) of K.S.A. 2012 Supp. 21-5412, and amendments thereto;
(F) aggravated battery, as defined in subsection (b)(1) of K.S.A. 2012 Supp. 21-5413, and amendments thereto; or
(G) aggravated battery against a law enforcement officer, as defined in subsection (d) of K.S.A. 2012 Supp. 21-5413, and amendments thereto.
John K. Ewing, age 62, of Scranton, Kansas was accused of killing his ex-girlfriend, Deborah Stephesn, age 58, with an axe in the Coachlight South mobile home park in April 2021.
21-5402. Murder in the first degree. (a) Murder in the first degree is the killing of a human being committed:
(1) Intentionally, and with premeditation; or
(2) in the commission of, attempt to commit, or flight from any inherently dangerous felony.
(b) Murder in the first degree is an off-grid person felony.
(c) As used in this section, an "inherently dangerous felony" means:
(1) Any of the following felonies, whether such felony is so distinct from the homicide alleged to be a violation of subsection (a)(2) as not to be an ingredient of the homicide alleged to be a violation of subsection (a)(2):
(A) Kidnapping, as defined in subsection (a) of K.S.A. 2012 Supp. 21-5408, and amendments thereto;
(B) aggravated kidnapping, as defined in subsection (b) of K.S.A. 2012 Supp. 21-5408, and amendments thereto;
(C) robbery, as defined in subsection (a) of K.S.A. 2012 Supp. 21-5420, and amendments thereto;
(D) aggravated robbery, as defined in subsection (b) of K.S.A. 2012 Supp. 21-5420, and amendments thereto;
(E) rape, as defined in K.S.A. 2012 Supp. 21-5503, and amendments thereto;
(F) aggravated criminal sodomy, as defined in subsection (b) of K.S.A. 2012 Supp. 21-5504, and amendments thereto;
(G) abuse of a child, as defined in K.S.A. 2012 Supp. 21-5602, and amendments thereto;
(H) felony theft of property as defined in subsection (a)(1) or (a)(3) of K.S.A. 2012 Supp. 21-5801, and amendments thereto;
(I) burglary, as defined in subsection (a) of K.S.A. 2012 Supp. 21-5807, and amendments thereto;
(J) aggravated burglary, as defined in subsection (b) of K.S.A. 2012 Supp. 21-5807, and amendments thereto;
(K) arson, as defined in subsection (a) of K.S.A. 2012 Supp. 21-5812, and amendments thereto;
(L) aggravated arson, as defined in subsection (b) of K.S.A. 2012 Supp. 21-5812, and amendments thereto;
(M) treason, as defined in K.S.A. 2012 Supp. 21-5901, and amendments thereto;
(N) any felony offense as provided in K.S.A. 2012 Supp. 21-5703, 21-5705 or 21-5706, and amendments thereto;
(O) any felony offense as provided in subsection (a) or (b) of K.S.A. 2012 Supp. 21-6308, and amendments thereto;
(P) endangering the food supply, as defined in subsection (a) of K.S.A. 2012 Supp. 21-6317, and amendments thereto;
(Q) aggravated endangering the food supply, as defined in subsection (b) of K.S.A. 2012 Supp. 21-6317, and amendments thereto;
(R) fleeing or attempting to elude a police officer, as defined in subsection (b) of K.S.A. 8-1568, and amendments thereto;
(S) aggravated endangering a child, as defined in subsection (b)(1) of K.S.A. 2012 Supp. 21-5601, and amendments thereto;
(T) abandonment of a child, as defined in subsection (a) of K.S.A. 2012 Supp. 21-5605, and amendments thereto; or
(U) aggravated abandonment of a child, as defined in subsection (b) of K.S.A. 2012 Supp. 21-5605, and amendments thereto; and
(2) any of the following felonies, only when such felony is so distinct from the homicide alleged to be a violation of subsection (a)(2) as to not be an ingredient of the homicide alleged to be a violation of subsection (a)(2):
(A) Murder in the first degree, as defined in subsection (a)(1);
(B) murder in the second degree, as defined in subsection (a)(1) of K.S.A. 2012 Supp. 21-5403, and amendments thereto;
(C) voluntary manslaughter, as defined in subsection (a)(1) of K.S.A. 2012 Supp. 21-5404, and amendments thereto;
(D) aggravated assault, as defined in subsection (b) of K.S.A. 2012 Supp. 21-5412, and amendments thereto;
(E) aggravated assault of a law enforcement officer, as defined in subsection (d) of K.S.A. 2012 Supp. 21-5412, and amendments thereto;
(F) aggravated battery, as defined in subsection (b)(1) of K.S.A. 2012 Supp. 21-5413, and amendments thereto; or
(G) aggravated battery against a law enforcement officer, as defined in subsection (d) of K.S.A. 2012 Supp. 21-5413, and amendments thereto.
Outcome:
Defendant was found guilty.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of State of Kansas v. John K. Ewing?
The outcome was: Defendant was found guilty.
Which court heard State of Kansas v. John K. Ewing?
This case was heard in Third Judicial District Court, Shawnee County, Kansas, KS. The presiding judge was Not available.
Who were the attorneys in State of Kansas v. John K. Ewing?
Plaintiff's attorney: Shawnee County Kansas District Attorney's Office. Defendant's attorney: Click Here to Watch How To Find A Lawyer by Kent Morlan Click Here For The Best Topeka Criminal Defense Lawyer Directory If no lawyer is listed, call 918-582-6422 and MoreLaw will help you find a lawyer..
When was State of Kansas v. John K. Ewing decided?
This case was decided on February 23, 2023.