KWCH - Kansas News and Weather - No Charges for Attorney Who Used Fake Grenade

No Charges for Attorney Who Used Fake Grenade

Latest Update

HUTCHINSON, Kan. (AP) - The Kansas Attorney General's Office will not file charges against an attorney who used a grenade to make a point during a trial in Reno County District Court.

Reno County Attorney Keith Schroeder had asked the attorney general to determine whether Sam Kepfield should be charged after using the grenade in court in November.

The attorney general's office wrote Schroeder this week to say Kepfield's actions did not warrant either criminal or misdemeanor charges.

During the trial, Kepfield pulled the pin on the grenade and set it on the prosecutor's table. He says it was a dud and was meant to demonstrate to jurors what is meant by the term "imminent threat."

(Copyright 2010 by The Associated Press.  All Rights Reserved.)

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Original Coverage

By Cliff Judy (HUTCHINSON, Kan.)

He says he'd never bring a real weapon into a courtroom, but a Hutchinson attorney has everyone's attention after pulling the pin in a fake grenade in front of jurors.  The Reno County Sheriff's Office isn't happy about the stunt.  Even the ATF has contacted Eyewitness News.

"I'm giving my clients the absolute best defense I can give them," says Sam Kepfield, "and if I have to use a prop like this, I will do it."

In a trial on Monday, Kepfield says he pulled the pin from a fake grenade, asked jurors if they felt threatened, and immediately told them the grenade was a dud.  He bought the grenade years ago from an army surplus store in Junction City.  The ex-Marine had used it as a paperweight until Monday.

Kepfield's client was charged with forgery.  She said one of her co-defendants threatened to kill her dog and hurt her daughter, and Kepfield wanted a way to make the jurors feel imminent harm.  It didn't work.

"Nobody shouted, nobody screamed, nobody said, 'Eek!' says Kepfield.  "Nobody dived under their chairs."

Nobody voted not guilty.  After the trial and a conviction for Kepfield's client, county prosecutors and the judge in the case contacted sheriff's investigators.

Reno County Sheriff Randy Henderson says state law makes even using a fake weapon to cause alarm a felony.  Investigators plan to talk with Attorney General Steve Six's office to determine if charges will be filed.

An agent from the Bureau of Alcohol, Tobacco, and Firearms called Eyewitness News Reporter Cliff Judy Wednesday afternoon after we posted our original story to our website.  The agent wanted to know more about what crews had seen during our interview with Kepfield.

Kepfield wanted to emphasize he'd never do anything to harm anyone in the courtroom.  He also understands the sheriff's concerns.

Reno County officials tell us they're now reviewing security at the courthouse and plan to visit with an architect next month.

REPORTER TWEETS:  Read below to see the updates Eyewitness News Reporter Cliff Judy was sending out over Twitter throughout the day.  You can follow him at www.twitter.com/12judy.

12:30 p.m.:  Just talked to Hutch attorney who used fake grenade in court as a prop.  He's surprised by the attention he's getting.  Picture:  http://yfrog.com/6m6tcj

1:30 p.m.:  Attorney grenade story getting more attention.  Just got call from ATF agent wanting to know more about what we saw during interview.

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By Cliff Judy (HUTCHINSON, Kan.)

I talked to Hutchinson attorney Sam Kepfield who put a fake grenade in front of jurors in Reno County on Monday and pulled the pin.

Kepfield says he's been getting a lot of calls since an article about the situation appeared in the Hutch News.  He's surprised by the attention he's had.  He says none of the jurors appeared scared, which other people at the courthouse have also told me.  The judge's court clerk told me no one thought it was a huge deal at the time.

Here are some of the things he had to say about what happened.

"Nobody ducked under their chairs.  Nobody ran for the door.  Everything was very calm."

"I'm doing what I'm paid to do, zealously defending my client.  That includes creating a dramatic effect to make a point.  That's all I was doing."

"I guess if nobody was scared, maybe I wasn't doing my job trying to present the imminent threat defense."

I'm following this story - hear more about what Kepfield had to say tonight on Eyewitness News and here at kwch.com.

Tweets from www.twitter.com/12judy :

• @12judy: Attorney grenade story getting more attention. Just got call from ATF agent wanting to know more about what we saw during interview.
• @12judy: Just talked to Hutch attorney who used fake grenade in court as prop. He's surprised by the attention he's getting. http://yfrog.com/6m6tcj