Kilbourne claims he didn't mean to shoot deputy

Published On: Dec 24 2013 07:57:47 PM CST   Updated On: Dec 18 2013 09:47:41 PM CST

Jan Tracy Kilbourne, charged with attempted capitol murder after allegedly shooting a Butler County deputy in September, said his plan was to simply scare the officer and flee after a routine traffic stop.

Kilbourne, testifying in court Wednesday afternoon, said he knew he had an outstanding warrant and didn't want to go back to jail. He admitted to firing the gun, which he said he had purchased and planned to sell, out the door of his car. But he said he didn't realize the officer had been shot until he heard it on the news.

Butler County attorney Darrin Devinney asked Kilbourne about that testimony, shooting his gun to scare off the deputy so he could get a running start.

“Do you believe then that shooting firearms in and around law enforcement officers results in them being scared and running off? Devinney asked.

“Would you repeat that one?" Kilbourne asked.

Devinney replied: “If you shoot a gun in the court room right now, do you think all of the cops are going to run out of the courtroom?”

"Um, probably not," KIlbourne answered.

"Probably not," Devinney said. "Did you think something different on Sept. 2nd?”

“Probably not," Kilbourne replied, "but if I had a deal right here and said I had a bomb on my leg, they’d probably run …”

Other testimony today came from the other two people in the car at the time of the shooting - as well as one of the first responding police officers out of August and two detectives.

Kilbourne, a 42-year-old from Hugoton, gave the jury some of his background to start the testimony. He said he has a 20-year-old son and 17-year-old daughter and had farmed and ranched his whole life before back problems forced him into disability.