The case against a Lawrence man charged after an altercation near the former city-run camp for people experiencing homelessness will proceed on one charge rather than two .
Brandon Snow, 33, was originally charged with two counts of aggravated assault with a deadly weapon. Judge Stacey Donovan found Wednesday that there was probable cause to bind him over for trial on one count, but not the other.
Steve Evans and his wife, April Evans, went to the land near the former city-sanctioned campsite behind Johnny’s Tavern to take photos on July 15, 2023, believing that the city had allowed camp residents to stay on property owned by the Kaw Valley Drainage District.
Steve is on the drainage district’s board, and he went to the site to take photos to try to determine whether the residents of the camp were staying on drainage district land. At the time, there were a number of land parcels owned by the drainage district nearby parcels owned by the drainage district, though the district has since sold its land. The camp has also since closed.
Both Evanses testified that Snow had run from the camp toward them with a hatchet in his hand, and that as he neared them, he held the hatchet over his head.
Previous story:
• Couple and North Lawrence camp resident still shaken up after alleged assault involving hatchet, July 26, 2023
April said she ran in the other direction. Steve, who had been walking back toward April and was looking in the opposite direction, said as soon as he turned around and looked at Snow, Snow had dropped the hatchet.
The Evanses were the only witnesses called to testify Wednesday. Both said they had feared for their lives.
The case drew a lot of media attention. Snow told this publication at the time that people at the camp were upset that Steve was taking photos, and Snow was frustrated that city staff members working at the campsite had not intervened, so he had gone to see what Steve was doing himself.
Snow said he had borrowed the hatchet from a friend for protection because he didn’t know who the people were, but when he realized that the couple were not a threat to him, he dropped the hatchet.
Snow did not testify Wednesday.
Senior Assistant District Attorney Adam Carey, who filled in Wednesday for the prosecutor normally assigned to the case, argued that any reasonable person would fear for their life if they saw someone running toward them with a hatchet.
Snow’s defense attorney, Joseph Falls, argued that Steve only knew anyone was approaching because his wife had yelled that they were being chased, and Steve didn’t know Snow had a weapon until he turned around, at which point Steve testified that Snow dropped the hatchet.
Donovan said the state had met its burden to show probable cause for the count of aggravated assault with a deadly weapon against April, who had seen Snow approaching rapidly with the hatchet, but not against Steve, because from Steve’s testimony it was not clear that he feared the deadly weapon, but rather feared someone chasing him.
Falls said he had talked with the main prosecutor assigned to the case, and it was possible that the case could still resolve with a plea agreement.
Snow’s next court hearing will be an arraignment at 1:30 p.m. Tuesday, July 2.
All arrestees and defendants in criminal cases should be presumed not guilty unless they are convicted.
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Mackenzie Clark (she/her), reporter/founder of The Lawrence Times, can be reached at mclark (at) lawrencekstimes (dot) com. Read more of her work for the Times here. Check out her staff bio here.
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