A preliminary hearing for Robert Dale Nicholas on the charge of attempted first degree murder has been set for 9 a.m. Thursday, Nov. 7, in Barton County District Court.
Nicholas, 42, made a first appearance Monday before Magistrate Judge Verle Willey. At the hearing, Willey appointed Ellsworth attorney Roger Peterson to represent Nicholas. The former Wichita resident is in custody of the Kansas Department of Corrections at the Hutchinson Correctional Facility.
The attempted murder charge stems from events that took place on Jan. 31, when Jose Saul Torres Jr. was shot at a Great Bend residence. Torres was treated and released from Great Bend Regional Hospital for a gunshot wound to the face. If convicted, Nicholas could face a prison sentence ranging from 12 to 53 years, depending on criminal history.
At Monday’s hearing, Nicholas asked the judge if he could appoint the attorney who is representing him on a Sedgwick County case.
“Not unless you want to hire him,” Willey said, noting defense attorneys are appointed from the list approved for Barton County. Other local attorneys on the list were ruled out because they were already representing someone connected to the case. The judge noted that court-appointed attorneys are not free. “There’s a $100 application fee and a $100 BIDS (Board of Indigents’ Defense Service) fee,” he said, adding payment is not required until the conclusion of the case.
Nicholas asked to be returned to Hutchinson for now. “I’m in a substance abuse group that counts toward my Good Time,” he said. He was moved from the correctional facility to the Barton County Jail last Friday, and will return to Hutchinson today.
Assistant County Attorney Levi Morris represented the state on Monday. County Attorney Douglas Matthews was also in the courtroom.