LARNED — Following a day of testimony Friday in a contested preliminary hearing in Pawnee County District Court, a Topeka judge found sufficient evidence to support all three charges against a Larned man accused of intentional second-degree murder in the March 30 shooting death of Larned State Hospital clinician Dr. Tomas Garza at a rural residence south of Larned.
Senior Judge Nancy Parrish, who has presided over the case since Pawnee County District Judge Bruce Gatterman recused himself, also ruled against an immunity from defense claim filed by Reynolds prior to the hearing based on evidence presented that he could not subjectively believe he needed to use deadly force against Dr. Garza, which is a requirement of the measure as outlined by the state.
Case history
The case marks the second intentional murder proceeding in six years in Pawnee County. In 2018, Jacob Ohnmact, Larned, pleaded guilty to a negotiated charge of voluntary manslaughter and felony interference with law enforcement in the December 2016 strangulation death of his wife Kayla Parrett. Ohnmnacht was originally charged with intentional second-degree murder, three counts of felony interference with law enforcement and one count of misdemeanor interference with law enforcement following his arrest. Ohnmacht was sentenced to 18-1/2 years in prison.
The preliminary hearing for Reynolds was originally set for April 17, following his arrest and a multi-agency investigation that included the Pawnee County Sheriff’s Office, Larned Police Department and the Kansas Bureau of Investigation.
Reynolds had received first appearance, but the preliminary hearing was delayed several times due to a series of events that included the recusal of Pawnee District Judge Bruce Gatterman in May, resulting in Senior Judge Nancy Parrish, Topeka, presiding over a competency hearing requested by defense counsel. On April 20, staff from the Center for Counseling and Consultation performed a competency evaluation of Reynolds.
On May 28, Judge Parrish found Reynolds competent to stand trial, remanding the case to the magistrate judge for preliminary hearing. However, a third delay occurred on the day set for the preliminary in September, in the magistrate courtroom of the Pawnee County Courthouse. Hodgeman County Magistrate Judge Kenton Gleason granted court-appointed defense attorney Joseph Shepak’s request to withdraw from the case. A search for qualified defense attorney resulted in the appointment of Dodge City defense counsel Natalie Kristine Morlock of Dodge City.
Friday hearing
A slight delay of 15 minutes from the 9 a.m. start time occurred as defense attorney Morlock asked to confer briefly with her client in private. Upon their return, a discussion ensued between the parties in the courtroom as to sequestration of all witnesses, which was upheld by Judge Parrish.
In another discussion preliminary to the hearing, Reynolds told the court that he had been advised that Morlock was seeking to withdraw as his attorney; however, Morlock responded that she was not planning to withdraw, but that a second attorney had been added to the defense. Judge Parrish then advised Reynolds that Morlock has not asked the Court to withdraw, and that she was still his attorney.
Reynolds is charged with one count of intentional murder in the second degree; one count of aggravated assault with a deadly weapon and one count of criminal possession of a firearm. The charges stem from a joint investigation by the Pawnee County Sheriff’s Office, the Kansas Bureau of Investigation Criminal Response Team and Coroner Dr. Lyle Noordhoek into the shooting death of Dr. Garza, 52, of Larned, on March 30. Reynolds was taken into custody at the scene without incident shortly after the alleged shooting occurred.
In presenting the prosecution’s case, Pawnee County Attorney Douglas McNett called several witnesses who testified to the events at the scene during and immediately following an emergency 911 call to Larned Dispatch at 5:10 p.m. that day by LSH employee Andrea Wynn, who had accompanied Garza to the scene.
The combined testimony of several witnesses as well as a composite video synchronizing the audio of the 911 call, dash cam from Pawnee County Sheriff’s Deputy Bryce King and Larned Police Sgt. Tony Boor made by PCSO Det. Jacob Robison revealed that following an argument over a salvaged dog kennel and the release of chickens Garza had kept on the property, Garza had returned to a shed owned by Reynolds and was shot five times upon entry.
Hearing the shots, Wynn entered the shed but was threatened by Reynolds waving a gun saying that she would be shot if she didn’t leave. A blood trail from the door of the shed to Garza’s black F150 pickup indicated that he was able to walk to the passenger side of the pickup where he collapsed. As she was attempting CPR, Wynn then contacted 911 dispatch and was met by first responders Larned Police Department Sgt. Tony Boor, who entered the building to take Reynolds into custody, and Pawnee County Sheriff’s Deputy Bryce King, who was informed by Wynn where Garza had been shot and who had done the shooting. CPR was maintained until the arrival of EMS, who worked to stabilize the victim for transport to Pawnee Valley Hospital, at approximately 5:40 p.m.
Meanwhile, Sgt. Boor found Reynolds seated in a leather chair next to a workbench, and asked him to stand and surrender a 9 mm handgun with an empty magazine. Reynolds was taken into custody and transported to Pawnee County Jail by Pawnee County Undersheriff Derek Slack. Along with photographic examination of the blood trail, five spent 9 mm shell casings were found at the scene inside the shed. As the result of further KBI investigation, an additional .38 revolver and several long guns were also found at the scene.
Dr. Lyle Noordhoek, who performed the autopsy of Garza’s body, testified that five shots had been fired; three into the chest but not penetrating the heart; one into the right hand with an exit wound and another which entered the right lateral, striking the shoulder blade and changing direction, then down into the lung, which caused it to be filled with gas and fluid. While Dr. Noordhoek testified he could not determine the actual order that the wounds were received, he did determine cause of death as coming from the last shot described. He also testified that two 9 mm slugs were removed during the autopsy.
Following testimony and closing arguments, Judge Parrish also denied Reynolds’ request to reduce bond that had been set at $250,000 and be placed on house arrest. Reynolds is being held in the custody of the Pawnee County Sheriff.
Arraignment had not been set and will be scheduled at a date to be determined. If convicted of the murder charge, Reynolds faces between 12 years and 54 years in the custody of the Department of Corrections, depending upon his criminal history.
