Wrongly Convicted Database Record

 

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Robby Heironimus

 

Charge:

Vehicle Offenses

Sentence:

2 yrs suspended and 18 months probation

Years Imprisoned:

Year Crime:

2012

Year Convicted:

2013

Year Cleared:

2015

U.S. State or Country of Crime:

Kansas

County or Region of Crime:

Reno

City of Crime:

Hutchinson

Result:

Judicially Exonerated

Summary of Case:

"Robby Heironimus was wrongly convicted in October 2013 of charges related to him striking a pedestrian with his Silver Honda VTX 1100 CC motorcycle in Hutchinson, Kansas on May 12, 2012, and leaving the scene of the accident. Heironimus did not immediately know he had struck the pedestrian, but contacted the police the next day when he realized he had done so. The trial judge denied Heironimus'' motion for the jury to be given an instruction that to be found guilty the jury had to find that he intentionally, knowingly, or recklessly left the scene of the accident. After his conviction by a jury Heironimus was sentenced to a suspended 24 month prison sentence and 18 months probation. Heironimus appealed. On August 21, 2015 the Kansas Court of Appeals vacated Heironimus' conviction of failure to give information as multiplicitous with his conviction of leaving the scene of an injury accident, which conviction the court reversed and ordered a retrial because the judge erred by denying Heironimus' request for a criminal intent jury instruction. After the case was remanded, in December 2015 a Reno County judge granted the Reno County DA's motion to dismiss the remaining charges against Heironimus based on a lack of evidence to prove his guilt beyond a reasonable doubt."

Conviction Caused By:

Multiplicitous charges and judge erred by denying criminal intent jury instruction.

Innocence Proved By:

"On August 21, 2015 the Kansas Court of Appeals vacated Heironimus' conviction of failure to give information as multiplicitous with his conviction of leaving the scene of an injury accident, which conviction the court reversed and ordered a retrial because the judge erred by denying Heironimus' request for a criminal intent jury instruction. After the case was remanded, in December 2015 a Reno County judge granted the Reno County DA's motion to dismiss the remaining charges against Heironimus based on a lack of evidence to prove his guilt beyond a reasonable doubt."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"State v. Heironimus, No. 111,749 (Kan. Ct of Appeals, 8-21-2015) (Reversing convictions)"

Information Location 1:

"https://scholar.google.com/scholar_case?case=13245168455478793919&q=Robby+Heironimus&hl=en&as_sdt=6,48"

Information Source 2:

"Kan. man avoids second prosecution in motorcycle accident, salinapost.com, December 14, 2015"

Information Location 2:

http://salinapost.com/2015/12/14/kan-man-avoids-second-prosecution-in-motorcycle-accident/

Information Source 3:

"Burrton Man Granted Probation In Case Involving Injury Accident, By News Staff, www.hutchpost.com, October 11, 2013"

Information Location 3:

http://www.hutchpost.com/2013/10/11/burrton-man-granted-probation-in-case-involving-injury-accident/

Information Source 4:

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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