
By LISA HERMAN
[email protected]
As testimony continued this week in the matter of the State of Kansas versus Bobby J. Tallent, the State prepared on Wednesday morning to call its next witness when a plea negotiation concluded the trial without jury deliberation. Mr. Tallent, the Norton man accused of shooting and killing Joseph A. Sweet, on March 6, 2015, pleaded guilty on Wednesday afternoon in the Graham County Courtroom to reduced charges of one count of murder in the second degree, two counts of attempted murder in the second degree, burglary, theft, and felony fleeing or attempting to elude a police officer.
Testimony on Monday and Tuesday included that of several Kansas Highway Patrol troopers who were involved in the 108 mph high-speed chase, which ended with Mr. Tallent being apprehended and taken into custody in Oberlin. Tuesday afternoon’s testimony concluded with testimony from one Kansas Bureau of Investigation agent who was present during the autopsy of Mr. Sweet, as well as additional testimony from agents who were responsible for photographing and analyzing the crime scenes.
As the State prepared to call its next witness on Wednesday morning, Mr. Tallent entered into plea negotiations, with an agreement reached and announced as court reconvened at 1:30 p.m. on Wednesday afternoon.
Mr. Tallent has pleaded guilty to murder in the second degree, a severity level 1 person felony with a sentencing range of 12 years and three months and 54 years and five months imprisonment, depending on criminal history, and a maximum fine of $300,000. In pleading guilty to two counts of attempted murder in the second degree, severity level 3 person felonies, Mr. Tallent’s sentencing range will be between four years and six months and 20 years and seven months imprisonment on each count, in addition to a maximum fine of $600,000.
In pleading guilty to one count of burglary, a severity level 7 person felony, Mr. Tallent’s sentencing range will be between 11 months and two years and 10 months imprisonment. The maximum fine for this count is $100,000. For pleading guilty to theft, a severity level 7 non-person felony, the sentencing range is between 11 months and two years and 10 months imprisonment, with a maximum fine of $100,000. A severity level 9 person felony, fleeing or attempting to elude a police officer has a sentencing range of five to 17 months, in addition to a maximum fine of $100,000.
In his plea agreement, Mr. Tallent acknowledged no reason why his mental competence should be questioned, and understood from discussions with his attorney that by entering a plea of guilty he would be giving up rights that he would have during a trial, including the right to be presumed guilty. He also acknowledged that the sentencing judge is not bound to follow the plea agreement, and may impose any lawful sentence.
After acknowledging his rights and the terms of his plea agreement, the 12-member petit jury was released from their duties as the trial concluded.
Mr. Tallent will be sentenced at 9:30 a.m. on May 1, 2017 in the Norton County District Court.
Republished with permission. Originally published in the Norton Telegram.