Jan Tracy Kilbourne is being held in the Butler County Jail on $1 million bond after being charged with attempted capital murder, criminal possession of a firearm by a convicted felon and interference with law enforcement during a first appearance in Butler County District Court Friday afternoon.
Because Kilbourne said he did not have any source of income and was on disability Judge David Ricke granted him a court-appointed attorney from James Watts office.
County Attorney Darrin Devinney asked for the $1 million bond because of Kilbourne's record.
Among his past charges are criminal damage to property in 1998, attempted felony theft and felony possession of opiates in 2002, driving without a license in 2007, worthless check conviction and illegal registration on a vehicle in 2009, possession of paraphernalia in 2011 and a Seward County case that involved several theft charges, criminal threat, false impersonation and reckless driving, for which he spent time in prison and had been released on parole at the time of this shooting.
"The nature of the crime is quite severe," Devinney said. "The fact that was a regular traffic stop and without warning, Kilbourne discharged a weapon at Deputy Lawrence in the chest."
Devinney said they believed it was his intent to take the life of the deputy.
Devinney added that he had absconded from his parole and had an active warrant.
"It is not just the convictions but also germane to the record of non-appearance or flight to avoid prosecution," Devinney added. "There's no reason he won't attempt to flee to avoid prosecution in the future."
Ricke agreed with the recommendation and set the parole at the requested amount.
"There appears to be strong evidence of violent, serious crime committed in this case," Ricke said. "Factors indicate high risk of flight and he may commit further crimes while on release."
Kilbourne also was instructed not to leave Butler County if he makes bond, not to contact any of the endorsed witnesses as well as report to Butler County court services at least once a week and have an electronic monitoring device so he can be tracked at all times.
A preliminary hearing was set for Oct. 11 for Kilbourne.