By JONATHAN ZWEYGARDT
Hays Post
A 29-year-old Kansas man accused of allowing his infant son to fatally ingest methamphetamine was officially charged with murder last week and will go to trial later this year.
Abraham Duran Leon appeared in front of District Judge Curtis Brown in Ellis County District Court on Jan. 22 and was charged with first-degree murder in the commission of a felony. The felony stems from possession of methamphetamine. The alternate charge in the chase is murder in the second degree, unintentional but reckless.
According to court documents, in the early morning hours of April 2, 2024, Leon’s 5-month-old infant son was found unresponsive and not breathing.
An autopsy report revealed the child had methamphetamine in his system and died from complications related to methamphetamine intoxication.
Leon is being held on two other cases totaling nine charges, seven felonies and two misdemeanors.
Among those charges are two counts of drug possession, three counts of interference with a law enforcement officer, felony fleeing and eluding, and criminal damage to property.
Leon pleaded not guilty to all charges.
Leon, who is represented by two court-appointed attorneys, has filed several pro se motions in all three of the cases.
Those included a motion to suppress evidence, a writ of habeas corpus claiming there is no jurisdiction he is held in prison and several motions to dismiss the case because his right to a speedy trial has been violated.
During the hearing, Judge Brown explained to Leon his right to a speedy trial does not start until he is arraigned.
He also told Leon any delays caused by the defendant’s motions would not count against the state’s time. It has to take him to trial, and it counts against the defendant.
Ellis County Attorney Aaron Cunningham said the state wants to try all three cases separately, and the state will be going forward with a jury trial in the murder case.
The court initially scheduled the trial for late June, but that has already been moved to September.
Because Leon has filed several motions himself, the court will have a special hearing on March 7 to consider them.
Leon remains in the custody of the Ellis County Sheriff’s Department.