With the defense and state unable to reach a plea agreement, the trial for Jan Tracy Kilbourne is set to begin Tuesday morning.
Kilbourne is charged with attempted capital murder, criminal possession of a firearm by a convicted felon and interference with law enforcement in the shooting of a Butler County Sheriff's deputy on Sept. 2.
Kilbourne appeared in Butler County District Court this afternoon for a control hearing. The jury trial had been delayed until Tuesday at the possibility of reaching a plea.
"I had discussions several times today with Mr. Kilbourne," said Kilbourne's attorney, James Watts.
Watts said he had passed along Kilbourne's request to the state, who passed it on to law enforcement.
"Negotiations have not been completed," he said. "At this point it is my understanding Mr. Kilbourne wants to continue to trial."
There were two stipulations presented for the case.
The first was the defendant acknowledged the gun pictured is a ballistic match to the bullet removed from the protective vest of the deputy and the second was the defendant acknowledges he has been convicted of a felony within five years in relation to the charged offense of criminal possession of a firearm by a convicted felon.
The court did consider those stipulations as fact.
One other concern of Watts' was an attempt to decrease the obvious presence of security personnel.
"I would ask if there is a way to make the security presence less obvious and less prejudicial to my client," Watts said.
County Attorney Darrin Devinney said security was up to the sheriff.
"We probably wouldn't have as many officers here if he didn't have an alleged history of shooting officers and running away from them," Devinney said. "This isn't the normal circumstance where we have an individual in here charged with a nonviolent crime."
Watts said from what they have seen so far of security, it would eliminate his client's possibility to get a fair trial.
Judge David Ricke said they would work to let Kilbourne enter and exit in a way that was not unfair to him, but as to the presence of officers, the court did not intend to limit the number and he deemed it appropriate to have a number of uniformed officers in this courtroom.
The trial is set at 9 a.m. Tuesday.