Eastgate Killer seeking new trial

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By Bobbi Mlynar (Contact)

Wednesday, September 3, 2008

Arguments were held Tuesday at an appeal hearing for Wallace Laverne Dixon III, 37, who twice has been convicted of murder in the July 2001 deaths of Dana Hudson, 19, and her 13-month-old son, Gabriel.

The two were killed in a fire that resulted after an explosion in an adjacent apartment at the Eastgate Plaza complex here.

Dixon is attempting to convince judges that he deserves a third trial in the case.

Prosecutors alleged that Dixon and another man caused the explosion during a robbery at the apartment next door to Hudson and her son. The men apparently kicked over a stove, allowing natural gas to leak and accumulate. After the men left the building, a spark ignited the gas and caused the explosion.

Sarah Johnson, appellate defender, argued the appeal Tuesday on behalf of Dixon. Jared S. Maag, deputy solicitor general, handled the appeal for the Kansas Attorney General’s office.

Ron Keefover, public information officer for the Kansas Supreme Court, said that Dixon has appealed on five grounds, concentrating on the effect on jurors seeing him in shackles during the proceedings.

A decision on the appeal is expected to be announced on Oct. 17.

Dixon had been sentenced in June 2002, after the first conviction, to two life terms with no possibility of parole for 20 years on the murder charges. He also was found guilty of aggravated battery, burglary, felony criminal damage to property and misdemeanor theft.

The first jury acquitted him of aggravated arson, aggravated assault and two counts of aggravated battery.

Dixon appealed the verdicts and was granted a new trial, as well as a change of venue.

Jurors in Salina, where the trial was held, then convicted Wallace of two counts of felony murder in February 2006.

The trial was prosecuted by Lyon County Attorney Marc Goodman, assisted by two attorneys from the Kansas Attorney General’s office.