OAKLEY, Kan. — Last March Dave Collins was on his father’s farm in Winona, Kan. when Desmund Bowles, an ex-employee, showed up allegedly intoxicated.
“When he showed up, I stopped and asked him what he was doing and it all kind of blossomed from there.”
According to court records in the case an argument began, turned physical, and when Bowles came through the window, Collins reached for his gun and it went off. The bullet went in the corner of Bowles eye and out of his ear, Collins said neither of the men realized he’d actually been shot.
“He said he was good to go so he went home, and I went up over on that hill and called the sheriff.”
Bowles recovered, but lost sight in his left eye. The Logan County Sheriff’s Department arrested Collins.
“We determined that there was enough evidence for a criminal report and we forwarded that on to the county attorney,” said Sheriff Pat Parsons.
He was charged with aggravated assault and battery with criminal intent, but the defense argued that in the state of Kansas he had the right to stand his ground when he felt threatened, even if that means using deadly force.
“He was in here, he was the aggressor,” said Collins.
That’s how the Judge saw it too. Instead of going to trial and facing five years in prison, the Judge ruled that Collins was free to go.
“I was just so relieved that it was all wrapping up after 14 months,” he said.
The County Attorney has a week left to appeal the judge’s decision, but in order to do so, she’ll need to prove criminal intent.