MARC JACOBS
Hutch Post
HUTCHINSON, Kan. — A Ransom man accused of using a county-owned excavator without permission during tornado cleanup in Plevna is scheduled for a preliminary hearing Thursday, Oct. 22, at 9 a.m. in Reno County District Court.
The hearing will be held in front of District Court Judge Trish Rose. The case was transferred to her in June.
Cody W. Royer faces one count of aggravated assault with a deadly weapon, a severity level 7 person felony, and one count of criminal deprivation of property, a Class A nonperson misdemeanor. He has pleaded not guilty.
The Reno County District Attorney’s Office dismissed a misdemeanor case involving the incident on March 11, 2026, and filed the current felony case March 12.
The charges stem from an alleged May 24, 2025, incident during cleanup following the May 18 EF-3 tornado that struck the Plevna area.
According to a motion filed by prosecutors, Reno County Public Works employee Kathryn S. Gard and her husband, Shawn Gard, noticed the county’s excavator was missing from where it had been parked near Third Avenue and Anderson Street.
The motion says the couple followed tracks about a mile to a residential property on East Avenue A, where they found the excavator being operated in a tree row.
Prosecutors allege Royer was operating the machine and continued using it after Shawn Gard motioned for him to shut it off. The State alleges Royer then drove the excavator toward Kathryn Gard while she was speaking with dispatch by phone.
According to the motion, Gard yelled and motioned for Royer to stop, and the excavator came within about three feet of striking her.
Prosecutors allege Royer later exited the excavator, took its key and left with his father, John Royer.
Royer’s attorney, Nicholas L. Oswald, entered an appearance March 12 and requested discovery, including reports, narratives and video. According to the State’s motion, Royer contends he had permission to use the excavator and operated it safely.
Prosecutors have also asked the court to admit evidence concerning an alleged December 2024 incident involving heavy equipment. The State alleges Royer used a Ward North Feedlot semi-truck without permission while working for KE Carriers LLC and caused damage while attempting to free his company truck.
The State argues that evidence is relevant to intent and absence of mistake or accident. Prosecutors have requested that the motion be heard during the preliminary hearing.
The preliminary hearing will determine whether sufficient probable cause exists for the case to proceed. Royer is presumed innocent unless proven guilty.