A first appearance in Lyon County District Court is coming Monday for the Emporia man accused of murder in the death of another Emporia man Thursday.
Late Friday afternoon, prosecutors filed charges against 23-year-old Devawn Tharin Mitchell, including a single count of first-degree felony murder with an alternate of second-degree murder. The first-degree murder count charges Mitchell with killing Steven Henry while fleeing or trying to elude law enforcement, while the second-degree alternate murder count alleges Mitchell killed Henry in an unintentional but reckless manner.
In addition, Mitchell faces one count of aggravated assault on a law enforcement officer and three counts of felony flee and elude.
Court documents provided to KVOE News track closely with a news release from Emporia Police issued Thursday evening. The affidavit says one Emporia Police officer saw a car swerve toward her marked police vehicle early Thursday afternoon. She reportedly recognized the driver and had to swerve to avoid contact. Mitchell then accelerated and went “well in excess” of the 30 mph speed limit before getting into a residential neighborhood and increasing his speed past 50 mph. Police broke off the chase.
About an hour later, a second officer noticed Mitchell’s car near Sonora and Prairie. Officers tried another traffic stop but Mitchell again allegedly fled. Shortly before 2:30 pm, officers tried again to stop Mitchell, this time near the 18th and Graphic Arts Road roundabout. Mitchell’s speed climbed past 60 mph and officers halted their pursuit but followed to a dead end at Graham and Sutton. Officers tried to block Mitchell in and told him to leave his vehicle, but he went through a yard, drove over a small tree and fled. Officers ended this pursuit after losing visual contact with the vehicle. Shortly afterward and just after 2:30 pm, Mitchell rammed into a pickup driven by Henry and sent it airborne and broadside into a utility pole.
Mitchell was on probation when the crash happened after being convicted last year of aggravated assault and attempted aggravated burglary of a dwelling after an incident at 1219 West in 2018. He had just left prison Wednesday as part of a sanction for several parole violations related to that conviction.
Henry, 64, was a decorated Emporia State athlete and a 1989 Athletics Hall of Honor inductee for his accomplishments in track and football. He also played three years in the NFL after being drafted by the then-St. Louis Cardinals. More recently, Henry had served as a color analyst for ESU football on Mix 104.9 FM during the 2019 season and had recently retired from Wolf Creek Nuclear Generating Station. Henry’s wife, Becky, worked in Emporia State’s athletics office from 1995-2017.
Mitchell’s first court appearance is set for 1:15 pm Monday. Bond has been set at $1 million.
Funeral arrangements for Henry are pending.
5:30 pm Friday: First degree felony murder among list of charges filed against suspect in Thursday fatality crash
Formal charges have been filed against an Emporia man after Thursday’s fatal wreck in Central Emporia.
23-year-old Devawn Mitchell has been charged with first-degree felony murder with an alternate count of second-degree murder, aggravated assault on a law enforcement officer and three counts of felony flee and elude. Mitchell allegedly led two short law enforcement pursuits at high speeds in Emporia on Thursday.
Mitchell allegedly tried to ram a police vehicle to trigger the first chase. He also allegedly continued at high speeds after the second chase was discontinued when he crashed into a pickup driven by 64-year-old Steven Henry, killing the Emporia State Athletics Hall of Honor inductee.
Mitchell was on probation when the crash happened after being convicted last year of aggravated assault and attempted aggravated burglary of a dwelling after an incident at 1219 West in 2018.
7:30 am Friday: Suspect in Thursday’s fatal crash recently released from prison sanction after probation violations
The man awaiting formal charges after Thursday’s fatal wreck in central Emporia had just been discharged from prison earlier in the week and was on probation when the crash happened.
Devawn Mitchell, 23, was convicted last year of aggravated assault and attempted aggravated burglary of a dwelling after an incident at 1219 West in 2018. He was discharged on St. Patrick’s Day, according to the Kansas Department of Corrections. Mitchell was initially granted probation as part of his sentencing but that was revoked late last year for several reasons — failing to report, using alcohol and drugs, failing to complete substance abuse treatment and failing to comply with mental health counseling — leading to a prison sanction. He was back on probation at the time of the crash.
Mitchell allegedly led two short law enforcement pursuits at high speeds in Emporia on Thursday. Mitchell allegedly tried to ram a police vehicle to trigger the first chase. He also allegedly continued at high speeds after the second chase was discontinued when he crashed into a pickup driven by 64-year-old Steven Henry, killing the Emporia State Athletics Hall of Honor inductee.
Formal charges are pending. After receiving medical treatment for non-life-threatening injuries, Mitchell was arrested Thursday on suspicion of reckless second-degree murder and aggravated assault on a law enforcement officer.
