Douglas County District Attorney Charles Branson announces that Topeka resident Dominique J. McMillon, 20, pleaded no contest today (March 5, 2019) to battery for his part in a fight that led up to the deadly October 1, 2017 incident on Massachusetts Street. McMillon started the fight that quickly escalated when multiple other parties became involved.
DA Branson stated, “By entering his plea McMillon acknowledges his role in starting the fight. At the time of his release McMillon had served nearly the statutory maximum sentence available to the Court. Resolving this case allows the State to concentrate on the two remaining and more serious cases.”
The Court sentenced McMillon to 180 days for the battery conviction. McMillon was in custody for 463 days from October 17, 2017 until the Court released him on an OR bond (own recognizance bond) shortly after the November 2018 mistrial.
Case co-defendants Ahmad Rayton/17CR1020 and Anthony Roberts, Jr./17CR1021 are both awaiting their separate trials. The Court separated the cases after a mistrial was declared in the joined trial that began on November 5, 2018. The mistrial was caused by the actions of Roberts’ original defense attorney. Rayton’s new trial is scheduled to begin April 8 and he faces charges for two counts of attempted murder in the second degree and criminal possession of a firearm by a convicted felon. Roberts’ new trial is scheduled to begin June 10 and he faces charges for two counts of first degree murder, second degree murder, and attempted second degree murder. Charges are merely accusations of criminal conduct and both Roberts and Rayton are innocent until and unless proven guilty.
Today’s hearing was held in the Division Two Courtroom of the Honorable Sally D. Pokorny. The case was investigated by the Lawrence Police Department and the Douglas County Sheriff’s Office. The case was prosecuted by District Attorney Charles Branson, Deputy Chief District Attorney David Melton, and Assistant District Attorney Hannah Wittman.
*Rule 226 - Kansas Rules of Professional Conduct
3.6 Advocate: Trial Publicity
3.8 Advocate: Special Responsibilities of a Prosecutor