By SEAN BOSTON
Hutch Post
HUTCHINSON, Kan. — A Ransom man charged in connection with the alleged unauthorized use of a county excavator during tornado cleanup in Plevna is scheduled to appear in Reno County District Court Wednesday morning.
Cody W. Royer is charged in Reno County District Court with one count of aggravated assault with a deadly weapon and one count of criminal deprivation of property. The aggravated assault charge is a severity level 7 person felony, while the criminal deprivation charge is a Class A nonperson misdemeanor.
The charges stem from an alleged May 24, 2025, incident in Plevna. Prosecutors allege Royer used a Reno County Public Works excavator without permission and placed Kathryn S. Gard in reasonable apprehension of immediate bodily harm by using the excavator as a deadly weapon.
According to a motion filed by the State, Gard, an employee of Reno County Public Works, and her husband, Shawn Gard, were in Plevna when they noticed the excavator was no longer parked near Third Avenue and Anderson Street. The motion says they followed tracks about a mile to a residential property on East Avenue A, where they saw the excavator being used in a tree row.
The case is tied to cleanup efforts following tornado damage in the Plevna area following the EF-3 tornado on May 18, 2025. Prosecutors allege the county-owned excavator had been taken from where it was parked and was later found being used on private property.
The State alleges Royer was operating the excavator and continued using it after Shawn Gard motioned for it to be turned off. Prosecutors allege Royer then drove the excavator toward Kathryn Gard while she was on the phone with dispatch. The motion says Gard motioned and yelled for Royer to stop, and that the excavator came within about three feet of hitting her.
Royer is accused of leaving the scene with his father, John Royer, after exiting the excavator and taking the key, according to the State’s motion.
Royer has pleaded not guilty. His attorney, Nicholas L. Oswald, entered an appearance March 12 and filed a request for discovery seeking reports, narratives and video.
The State has also filed a motion asking the court to admit evidence of what prosecutors describe as a prior incident involving heavy machinery. In that motion, prosecutors allege Royer used a Ward North Feedlot semi-truck without permission in December 2024 while working for KE Carriers LLC and caused damage while attempting to free his company truck.
Prosecutors argue the prior incident is relevant to show intent, absence of mistake or accident, and an alleged method of using heavy equipment without permission. The State contends Royer claims he had permission to use the county excavator and operated it safely.
The State has asked that its motion be heard at the time of Royer’s preliminary hearing. Court records list the preliminary hearing for Wednesday before Magistrate Judge Jeff Newsum.
If convicted of the felony aggravated assault charge, Royer’s sentence would depend on his criminal history under the Kansas sentencing grid. The misdemeanor criminal deprivation charge carries a possible jail sentence.
A preliminary hearing is used to determine whether there is probable cause for the case to proceed.
Royer is presumed innocent unless and until proven guilty in court.