State of Kansas v. Lee Edward Williams

Kansas City, Kansas, criminal defense lawyer represented the Defendant charged with first-degree premeditated murder under K.S.A. 2017 Supp. 21-5402 and criminal possession of a firearm under K.S.A. 2017 Supp. 216304



The parties agree with the facts as described by the Kansas Supreme Court in that direct appeal:



"Lee E. Williams and Tysha Carvin knew each other for 20 years. They were in a relationship, lived together, and had a son. The couple broke up in January 2013, when their son was two years old. After the breakup, they lived separately. The boy lived with Tysha, who occasionally stayed at her aunt's house, where Tysha's grandmother also lived.



"Williams periodically visited his son. But Tysha did not let Williams see their son as often as Williams wanted after Williams' new girlfriend became pregnant.



Frequent altercations arose because of this.



"On September 3, 2013, Williams was at the aunt's house most of the day before leaving for the evening and returning after midnight. Williams testified that when he returned, Tysha was the only person awake. She became 'upset' about the new girlfriend and the pregnancy. Williams got 'upset' because of text messages Tysha received from another man discussing a sexual relationship. Williams tried to leave with his son. According to Williams, Tysha said, '[B]ring me my son here right now or I swear to God I'm going to shoot you.' She pointed a gun at Williams, so he brought their son back.



Williams testified the gun was his, and that Tysha got it from an area near a fish tank, where he had put it earlier.



"Williams said the two fought for the gun and it 'started going off.' By this time, the aunt and grandmother joined the struggle. Williams said he 'didn't have substantial control of the gun. The gun was going off.'



"The grandmother and the aunt testified differently. The grandmother said she heard Tysha call for help around 2 a.m. and went downstairs. She saw Tysha on the floor between the dining room and front door. Williams was holding Tysha's foot, trying to pull her out the door. The aunt said she woke up because of the noise downstairs and saw the grandmother, Tysha, and Williams at the door.



"Both women said they heard Williams say, 'I don't want to do it in here.' And at some point, Tysha 'scoot[ed] back' away from Williams and ended up near the fish tank. The aunt saw Williams pull out a gun and fire multiple times at Tysha. The aunt called the police and Williams left the house.



"Police officers arrived. An officer photographed Tysha's body near the fish tank as well as seven shell casings lying around her. Multiple bullet holes were found in the wall just behind her. Tysha was killed by two bullets that matched shell casings found at the scene.



"Two days later, Canadian border officials apprehended Williams trying to cross into Canada with a fake ID. The State charged Williams with first-degree premeditated murder under K.S.A. 2017 Supp. 21-5402 and criminal possession of a firearm under K.S.A. 2017 Supp. 21-6304. A jury found him guilty of both counts." 308 Kan. at 132122.



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Legal issue Can a K.S.A. 60-1507 motion be used to challenge a statutory speedy trial violation if no exceptional circumstances are shown?

Affirmed