Parents of Murder Suspect Denied Seized Property Again

WICHITA FALLS - A local attorney's legal fight to get property belonging to the parents of a man charged in the shootings of two McNiel Junior High students returned to them has run into another roadblock.

The family's attorney, Rick Bunch filed the petition in State District Court back in March, after a previous petition was withdrawn  in U.S. District Court. This time a judge ruled the family can not intervene in a criminal case in which the property is evidence.

Bunch had originally filed a petition against the city in federal court to have two vehicles, firearms and ammunition seized as evidence returned. That petition was withdrawn and Bunch then filed a complaint in 30th District State Court.

Kristi-Lyn and Bryan Roland claim the city violated their constitutional rights against unreasonable seizure. The complaint filed in 30th District Court states police seized a truck because it was possibly involved in the shooting.

The Roland's are seeking for their property to be returned and to be reimbursed for car payments they made while their truck was impounded. They say Lott didn't live with them at the time of the shooting and he broke into his step-father's gun cabinet while they were gone.

During Wednesday afternoon's hearing, Wichita County District Attorney Maureen Shelton told 30th District Judge Bob Brotherton the code of criminal procedure does not allow a third party to intervene in a criminal case, and she asked him to dismiss it.

Brotherton agreed this was a third party intervention and the Rolands have no standing in the criminal proceeding regarding the evidence held by the state. Prosecutors say the Rolands issue over property is a civil, not a criminal proceeding, and their attorney can not take that case into the criminal case.

Lott has been in the Wichita County jail for more than six months on a $1 million bond.

Now, after two attempts on getting the property returned have been shot down, Bunch says he is not giving up, and still has avenues of civil suits to pursue. 


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