Butler County Times Gazette
  • Kilbourne Trial Update: Occupants in car recall details of shooting

  • Next to take the stand in the Jan Tracy Kilbourne hearing this morning was Graham Taylor, followed by Tasha Kane.
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  • Next to take the stand in the Jan Tracy Kilbourne hearing this morning was Graham Taylor, followed by Tasha Kane.
    Taylor testified he had known Kilbourne for several years and they often call him by the nickname of Kil.
    "Do you remember taking a trip with Mr. Kilbourne in September of this year?" asked County Attorney Darrin Devinney.
    "Yes he gave me a ride to go get my girlfriend who was in Atlanta, Kan.," Taylor said, clarifying it was a little town outside of Atlanta.
    His girlfriend is Kane.
    He said they drove in a vehicle that was Kilbourne's to use that night.
    "When we left Hutchinson we were in a rush because my girlfriend was in a situation," Taylor said.
    Taylor testified they had stopped by Walmart in a town about five minutes from Wichita because they were having car problems to see if could figure out what was wrong or if they could fix it. Then they stopped at a gas station.
    Taylor said he was in the front passenger seat and Kane was in the back seat as they were headed home to Hutchinson.
    "The car was acting funny so we pulled off into a parking lot in the little town we were in," Taylor testified.
    He also said a sheriff's deputy pulled in right after they did.
    He recounted the events of the sheriff's deputy talking with Kilbourne for a "good 10 minutes" and they started running their names. He said the deputy asked Taylor if he would drive because he had a license so he got in the driver's seat.
    "When the officer came back was Mr. Kilbourne still in the front passenger seat at that point?" Devinney asked.
    "Yes," Taylor asked.
    Taylor said he had lit up a cigarette.
    "We actually had started driving off because I thought the officer said we could go, then he flagged us down so we stopped," Taylor testified.
    He also said Kilbourne was looking for his pack of cigarettes at this point.
    "At some point, do you recall a shot being fired?" Devinney asked.
    "It was kind of out of no where," Taylor testified. "There was a gun in my face and he pulled the trigger."
    "You're saying Mr. Kilbourne shot?" Devinney asked.
    "Well, yeah," Taylor said. "The officer started shooting back at us so I ducked down."
    Taylor said after they had been shot at, Kilbourne went through the window.
    "It was so brief, but it was right in front of my face," Taylor said, answering that it was an older gun.
    He recalled a single shot from Kilbourne, then a series of shots from the officer right afterward.
    Page 2 of 3 - "Do you remember being injured as a result of the gun fire?" Devinney said.
    "I had some glass go into my back," Taylor said.
    He said he had glass coming out a couple of weeks later.
    Devinney asked him about a photo of the shirt he was wearing and an injury to his elbow, which Taylor said could have been from the gravel when they threw him down on the back or could have been from the glass.
    Taylor said he did not have any other injuries than to his back and elbow.
    Devinney asked if they had discussed if Kilbourne had an active warrant.
    "We didn't really discuss anything because the cop came and got all of our names," Taylor said, "so we were all just discussing. My girlfriend said she didn't have any. I lit a cigarette then all hell broke loose. I did not see the gun until it was right in front of my face."
    He said Kilbourne did have a backpack in the car.
    Devinney clarified that they had had a discussion if there were any active warrants.
    He said he knew Kilbourne had had some warrants before.
    "It wasn't an active on-going discussion the whole trip up there about warrants," he said. "That's just any standard procedure when you're taking a road trip anywhere. Especially since going to pick up my girlfriend and there was law involved up there."
    Devinney went on to ask about the shots fired.
    Taylor said the officer shot at them. He said he shot out the driver's side window and window behind him with precision.
    "The officer was shooting to kill," he said, explaining he was getting as far under the steering wheel as he could to get his head down.
    Defense Attorney James Watts then asked a few questions of Taylor going back to the parking lot where the incident took place.
    "Do you notice the law enforcement vehicle coming the other way?" Watts asked.
    "It was coming up the road and going the opposite way we were," Taylor said. "I didn't really notice it until he (Kilbourne) said it was turning back around."
    He said they immediately pulled into the parking lot.
    Taylor said Kilbourne opened the hood and the officer pulled in behind them. He thought his "red and blues" were on.
    Taylor restated that he traded places with Kilbourne while the officer was kind of by the driver's door.  Taylor restated he thought they were done so he started driving away then the officer flagged them down and he stopped.
    "At some point Mr. Kilbourne knew he had a warrant?" Watts asked. "Mr. Kilbourne made a comment to you he was going to run."
    Page 3 of 3 - Taylor didn't know if he said he was going to run.
    Watts asked if Taylor remembered telling a detective Kilbourne said he was going to run.
    Taylor said they had been up 24 hours and they were extremely tired.
    "I don't know if he said he was going to run, I knew he said he didn't want to go to jail," Taylor testified.
    When presented with a transcript of his interview, Taylor said he didn't see anything about Kilbourne saying he was going to run.
    When page 30 was headed out, it showed he had said he thought he was going to run.
    "He said he didn't want to go to jail," Taylor said.
    "Did Mr. Kilbourne to the best of your memory use the term 'he was going to run?'" Watts asked.
    "He very well could have," Taylor said.
    Taylor also testified at the time the shot was fired the driver's door was slightly ajar. He didn't know if the shot went through the window or behind the door.
    "After that first shot, how quickly did the deputy respond shooting back?" Watts asked, to which Taylor said it was a few seconds.
    Taylor said Kilbourne had grabbed the gear shift and said step on it, but it went into neutral so the car just kind of rolled.
    Taylor also said Kilbourne climbed out the driver's side window, crawling over him to get out the window after he believed it was shot out.
    Watts clarified if he clearly remembered Kilbourne going out the driver window.
    "No he didn't go out the passenger side window," Taylor said.
    Devinney then had a few follow-up questions about when Kilbourne grabbed the gear shift. He asked if they went forward or backward.
    Taylor said the car started coasting, they didn't really go anywhere.
    Kane will take the stand following the lunch break.
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