Court delays hearing for Gibson, 'no go' scheduled for Myers
The preliminary hearing for Floyd "Xan" Gibson on Wednesday was delayed until next month because his recently-acquired defense attorney didn't have enough time to prepare for the trial, according to court documents.
Bourbon County District Judge Mark Ward granted the continuance and rescheduled the hearing for 1:15 p.m. Jan. 16.
Gibson got a new attorney, Geoffrey Clark, who said in a motion asking for the continuance that the defense and the Bourbon County Attorney are discussing plea negotiations.
Gibson was charged in September with one count each of felony criminal sodomy and aggravated indecent liberties with a child, three counts of indecent liberties with a child, one misdemeanor charge of unlawful hosting of minors consuming alcohol, and two counts of endangering a child. The majority of the allegations against Gibson, 29, involve a 15-year-old girl. However, one count each of Indecent liberties with a child and endangering a child involve another 15-year-old girl.
The alleged incidents between the victims and Gibson occurred sometime between Sept. 1-3, except for the endangering a child charge, which allegedly happened on Sept. 1.
Also, Gibson on Thursday posted $50,000 bond and was released from the Southeast Kansas Regional Correctional Center, where he had been residing since his arrest Sept. 4.
Clark asked the judge to reduce Gibson's bond from $100,000 to $50,000, saying his client is a lifelong resident of Southeast Kansas and doesn't pose a flight risk. Also, Court documents indicate that Clark said Gibson is unable to afford the $100,000 bond. In the alternative, Gibson asked the court to permit him to pledge 80 acres of land in lieu of the bond.
The judge ruled that Gibson must wear a GPS monitoring device, refrain from alcohol, and have no contact with the witnesses or the victim.
Aaron Myers, who is accused of several crimes involving the same victims, has what the court calls a "no go" preliminary hearing and status check on Jan. 3. More than likely, the "no go" hearing indicates Myers, 27, won't have a preliminary examination. It is sometimes used by attorneys in the process of working out of a plea agreement.
Myers was charged with one felony count each of indecent liberties with a child and indecent solicitation of a child, one misdemeanor count of furnishing a cereal malt beverage to a minor, and two misdemeanor counts of endangering a child.
Authorities have not disclosed any other details of the incidents.