A St. Joseph man accused of shooting two men last year was certified for trial for one but not the other. That was the end-result of an unusual probable cause hearing Tuesday during which the judge took over the questioning of a key witness, one of the victims.

Without that testimony the case would not have been certified at all.

Owen Roberts was charged with assault for allegedly shooting two friends, Ricky Snedden and Terry Lee Madewell, at a residence in the 900 block of Prospect Ave. on May 15, 2016.

He was arrested in July of last year.  When he insisted on taking the case to trial, prosecutors added two counts of armed criminal action (click here for more). Assistant Public Defender Mitchel Jenkins asked for a preliminary hearing on the new complaint, which was held Tuesday before Associate Circuit Judge Keith Marquart.

Assistant Prosecuting Attorney Joshua Bachman called a police dispatcher to the stand. Meghan Ohlensehlen brought with her a recording of a 9-1-1 call she took, in which Snedden moaned that he’d been shot by his friend Owen Roberts. St. Joseph Police Officer Craig Smith testified about responding to the scene of the shooting and finding Snedden outside the home. Smith also testified that Snedden had identified his friend Roberts as the shooter. Snedden told Smith there was another victim, Madewell, in the garage.

But to the judge, it all hinged on identifying Owen Roberts, the man sitting in court, as the man who committed the crimes. At the end of the state’s case Marquart was adamant.

“No one has identified the defendant,” Marquart said. “At this point the court would not certify this case.”

Bachman called another witness, Snedden, but didn’t get to question him much. Snedden stated his name, and said he’d known Roberts for about 13 years. Then the judge took over the questioning.

“Were you the victim of a shooting?” the judge asked the witness. “Yes.”

“Was this the man who shot you?” Again, “yes.” Bachman had nothing further to ask, and again rested the state’s case.

During closing argument, Assistant Public Defender Jenkins raised the point that there was scant evidence referring to Madewell, and the judge agreed. Marquart rejected the charges involving Madewell, but certified the case involving Snedden: one count of first degree assault and one count of armed criminal action. Arraignment is scheduled July 24 at 8:30 am before Judge Patrick Robb.

A man convicted of sexually abusing an 11-year-old girl was denied a request for reduced bond so he could spend time with his wife and look into his personal affairs.

Rex Sapp is scheduled for sentencing July 26 at 11 am for his guilty plea to one count of statutory sodomy. He admitted abusing the girl on at least five occasions. The sentencing range is from 10-to-30 years or life in prison, and Sapp must serve at least 85% of whatever sentence he receives.

On Tuesday, Circuit Judge Patrick Robb denied a motion to reduce bail in the case, which remains set at $50,000 cash or surety.

Sapp remains in custody in the Buchanan County Jail.

A St. Joe man who fired gunshots into the air during a fight outside a local bar pleaded guilty on Tuesday to firearms charges.

Justin Helms was charged after an incident May 12 outside the HiHo Bar at 1817 Frederick. He told Circuit Judge Patrick Robb that he and some friends got into a fight with several other people outside the bar, and he pulled a 9 mm pistol from their vehicle and fired into the air three or four times. He admitted he was intoxicated at the time.

Helms was found guilty of unlawful use of a weapon while intoxicated, a class-e felony which carries a maximum prison term of four years. As part of the plea agreement, prosecutors have agreed to recommend probation, but the judge appeared skeptical because of a pending probation violation in another case, and because the defendant appeared to have forgotten the terms of that probation.

The judge noted that Helms was on probation for DWI at the time of the incident, and was likely ordered not to consume alcohol as part of his probation. Robb asked Helms if he had a drinking problem. The defendant said he didn’t think so, and that he’d made it through the last two months without drinking. But he said he would welcome an opportunity to take part in the court’s treatment program.

Judge Robb ordered a sentence assessment report and a treatment assessment report, and scheduled sentencing August 28 at 3:15 pm.

Helms, 29, is free on a personal recognizance bond. On Tuesday, defense lawyer Christopher Belts asked the judge to amend conditions of the bond. He’d like to remove the SCRAM alcohol-monitoring device, which the defendant must pay for himself. But Judge Robb refused.

A probation violation hearing in the other case is scheduled July 25 at 1:30 pm before Associate Judge Rebecca Spencer.

A 36-year-old St. Joseph man appeared in court Tuesday to face child pornography charges. Michael Shalz is being held in the Buchanan County Jail on one class-d felony count of possession of child pornography.

Investigators said in a probable-cause statement that they found images and at least one video depicting child pornography on electronic devices found in Shalz’es home July 13. Assistant Prosecutor Kate Schaefer told the judge the defendant has an online Dropbox storage account, where investigators found over 20 videos.

Associate Circuit Judge Keith Marquart read the charge to Shalz and scheduled a preliminary hearing August 4 at 11 am. Bail was set earlier at $10,000 cash. After hearing from Schaefer, Judge Marquart said he would not change the amount of bail.

Shalz said he would apply for a public defender.

A Tuesday morning crash in Nodaway County sent a 17-year-old to the hospital with moderate injuries.

According to the Missouri State Highway Patrol crash report, Cody Shewey of Skidmore was driving a 1998 Ford Escort eastbound on Route A about a mile east of Maitland around 6:39 a.m. The patrol said Shewey’s vehicle went across the center line, traveled off the north side of the road, hit and embankment and became airborne then overturned several times before coming to rest on its top. Shewey was taken by ambulance to Mosaic Life Care for treatment of what was described as a moderate injury. He was reported to be wearing a seat belt.