Victim testifies she shot intruder in her home

LYNDON, Kan. – A burglary suspect that was shot by a resident Oct. 8 at Overbrook was bound over for arraignment Thursday after preliminary hearings were held in Osage County District Court for three felony charges against him. Bruce Jolly, 49, Overbrook, appeared in court Jan. 7, 2016, with his attorney William Bayne for the preliminary hearings on charges of aggravated burglary and two counts of vehicle burglary.

Jolly was identified as a suspect in the burglary of Ashley Mundy’s home in Overbrook after he was shot by Mundy and called 911 for help.

During Thursday’s preliminary hearing, Mundy testified that she and her 4-year-old son were in her home and were sleeping about 12:30 a.m. Oct. 8, 2015, when she awoke to the sound of “glass breaking and shuffling around.”

“I sat up listening,” she said. “Then I jumped up and grabbed my phone and my gun.”

Questioned by Osage County Attorney Brandon Jones, Mundy said she had a concealed carry license and had been trained to shoot the 9mm pistol she owned.

She said she loaded the gun and “went down the hallway to see if I could see anything.”

“I got my gun ready to shoot and then saw a stranger walking from the dining room to the living room,” Mundy said.

She said the stranger, which she later identified as Jolly, had his back to her as he was reaching above the front door of the home. She said she thought he was trying to disable the home’s security system. She said she couldn’t remember if she said anything, but the man turned toward her.

“When he turned toward me, he turned at me and at that time I fired my weapon,” Mundy said. She said she thought she was about four feet away from the man when she fired and she knew she had hit him.

“He threw his hands in the air, screaming, and ran through my house,” she said.

She said she yelled at him to get out of her house or she would shoot again, at which time the man fled through the front door.

“Once he was out of the house, I secured the door and called 911,” Mundy said.

Questioned by Jones, Mundy said she did not know Jolly before the incident and had never invited him into her home.

Mundy said the man had entered through a basement window, but later inspection revealed pry marks on every door and window of the home. She said the only two things she discovered missing from the house after the incident was a weedeater and socket set that had been in the garage.

Overbrook Police Chief Terry Hollingsworth testified as he arrived at the scene approximately seven minutes after he was paged, “I saw a male subject laying in the road and EMS was working on him.”

Hollingsworth said he recognized Jolly as the subject in the road, and said he was “screaming he had been shot.” The police chief said he saw a gunshot wound on Jolly’s left wrist and the emergency personnel “were working on his abdomen.”

According to a sheriff’s department press release, Jolly had also called 911 to report he had been shot.

Jolly appeared in court Thursday with a splint or bandage on his left wrist. Following the incident, Jolly was transported to Stormont Vail Hospital. He was released from the hospital about two weeks later, at which time he was arrested.

Hollingsworth testified that after officers entered Mundy’s home they saw a large quantity of blood inside. Osage County Sheriff’s Investigator Bryan Johnson testified that after search warrants were served for Jolly’s home at 908 Oak St., blood was also found on a red knife that was found in a safe in Jolly’s bedroom.

“The safe had blood all over it,” Johnson said.

Johnson testified that Mundy had told him the intruder was holding a red object when he was in her house and had a handled object in his waistband. The investigator said he collected a machete from Jolly’s home, which matched the victim’s description of the object in his waistband. He said a weedeater that matched the description of Mundy’s was also recovered from Jolly’s garage.

Following Johnson’s testimony, Osage County Magistrate Judge Taylor Wine said he believed the state had met its burden to show probable cause, binding Jolly over for arraignment on the aggravated burglary charge.

During the preliminary hearing on one vehicle burglary charge, Amber Olson, Overbrook, testified that on Sept. 28, 2015, she had been inside Overbrook Wine and Spirits buying beer, and after she went home she discovered her purse was missing. After checking to see if she had left the purse at the store, she realized it had been stolen and called the police.

Hollingsworth testified that a security video was reviewed the next day at the liquor store, and a subject was seen in the video getting into Olson’s van and getting out with the purse. The police chief said a customer in the store viewing the video recognized Jolly, whom Hollingsworth said he did not know previously.

Learning that Jolly had worked for the city of Scranton, Hollingsworth asked Scranton Police Chief Brent Cox to view the video to see if he could identify the subject. Cox testified he confirmed that Jolly was the person in the video, saying he was familiar with Jolly because he had worked at Scranton at the same time Cox worked for the Scranton Police Department.

Hollingsworth said identification cards belonging to Olson were found in Jolly’s home when it was searched.

In the second vehicle burglary charge, Marsha Williams testified she was at a Santa Fe Trail High School football game on Oct. 2, 2015, and after the game she found the passenger side window had been broken on her pickup, which was parked near the school’s maintenance building. Further inspection revealed that her wallet had been taken.

Osage County Sheriff’s Deputy Sam Ralston, who serves as Santa Fe Trail High School’s resource officer, testified he was called to investigate the vehicle burglary, when he saw Jolly nearby. The deputy said he spoke with Jolly, who told him his car had a dead battery and he was waiting for assistance. Ralston said Jolly’s vehicle remained in the parking lot for a few days. Ralston said Jolly was not identified as a suspect in the vehicle burglary until search warrants were executed in the aggravated burglary case.

“Items stolen from the Williams’ vehicle were located in Mr. Jolly’s residence,” Ralston said.

Judge Wine ruled that the state had met its burden of probable cause for both vehicle burglary charges and also bound Jolly over for arraignment on those charges. Jolly’s arraignment was set for 9:30 a.m. Feb. 1, before Osage County Chief Judge Phillip Fromme.

As the preliminary hearing began, Bayne questioned whether the hearings could be held that day, saying Jolly had “fired me just a few minutes ago.”

Questioned by the judge, Jolly complained that Bayne had not discussed the cases with him enough and hadn’t reviewed some of the reports in the case.

“I feel this case needs justice,” Jolly said. “The main evidence does not support the charges.”

Further questioned by Wine, Jolly complained that Bayne had told him that due to publicity in the case, he would be facing time in prison.

Bayne denied saying that, but Wine told Jolly it was his attorney’s duty to advise him of possible outcomes and negotiate with the county attorney on possible plea agreements.

Bayne said he “didn’t know things had deteriorated to this point.

“I thought we were getting along as well as could be expected,” Bayne said. “I’m ready to proceed (with the preliminary hearing).”

Jones noted that Bayne was appointed by the court to defend Jolly.

“He has a right to a court-appointed attorney, but if he wants to hire an attorney, he’s had the chance,” Jones said, adding that he had nine witnesses present for the preliminary hearing and was also ready to proceed.

Wine agreed and told Jolly he should work out any differences he has with his attorney, but he could bring the issue up with Judge Fromme at arraignment.

Another snag during the hearings was an objection by Bayne about evidence cited in the vehicle burglary cases that was obtained during execution of search warrants issued for the aggravated burglary case.

Wine advised that any motions to suppress evidence should be in writing and submitted to Judge Fromme prior to trial.

Bayne also said his client was requesting the judge to consider reducing bond in the cases. Jolly is currently held on $100,000 bond on the aggravated burglary charge, and $5,000 each on the vehicle burglary charges.

Jones said the state “feels he is extremely dangerous,” and said Jolly had 11 previous convictions for vehicle burglary. Kansas Department of Corrections’ records show that Jolly has had multiple convictions since 2002 in Osage, Douglas and Shawnee counties, including vehicle burglary, criminal possession of a firearm, criminal use of a financial card, fleeing and eluding police, and possession of opiates. He was last discharged from KDOC on Aug. 28, 2013.

“There is no bond high enough to protect the victims or the community,” Jones said.

Wine ruled that Jolly’s bond would remain at $110,000.

Jolly is also charged with four misdemeanors related to the felony charges – two counts of criminal damage to property and two counts of misdemeanor theft.

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