Arrest ended in pursuit that injured HPD officer
By JONATHAN ZWEYGARDT
Hays Post
A 32-year-old South Carolina native will have to wait a bit longer to learn his fate after he was convicted of robbing a Hays salon in March last year.
Irving Brooks III was set to be sentenced in Ellis County District Court on Monday for the March 18, 2022, robbery at All the Rage Studios on north Vine Hays. But after a lengthy discussion with Chief Judge Glenn Braun, his sentencing was continued to later this year.
Judge Braun said he was unhappy with Brooks’ plan for what happens after he is released from jail.
Brooks pleaded guilty in March to entering the salon, threatening an employee, taking $24 and then leading law enforcement on a high-speed chase that started in Russell and ended on north Vine Street in Hays.
A Hays law enforcement officer was injured and three vehicles were damaged in the pursuit.
Brooks, an Army veteran, had just three prior misdemeanor criminal convictions on his record and, as a result of the plea agreement, he could be sentenced to between 34 and 38 months in prison. Because of his criminal history, he would be eligible for probation in lieu of jail time.
Brooks’ attorney Alex Herman submitted a motion for probation to the court and argued Brooks should be sentenced to probation because he has been in the Ellis County jail for more than a year, he is not from Kansas and that crime was “not done with malice.”
Herman said he believes drug programs offered to people on probation would be beneficial to Brooks.
When Brooks addressed the court, he said that he was on drugs when the crimes occurred and that his time in jail helped him take responsibility for his actions.
He said he was planning to go back to South Carolina where he wants to be an underwater welder. He also said while in the Ellis County jail he became ordained and wants to start a ministry.
During the discussion, Braun said he believes there were “gaps” in Brooks’ post-release plan.
He said Brooks’ had more than a year jail, where he became ordained and wrote multiple books, but failed to create a plan.
Brooks pleaded with the judge, saying he “doesn’t deserve to be here, in jail.”
He also wants to return to the south to be able to see his 10 children. Kids who Braun said he is not supporting now, but will have to start paying child support.
Braun also questioned how Brooks, a native of South Carolina, ended up in Florida, Denver, Colorado and Kansas.
Braun said he did not, “have a lot of confidence in (Brooks’) plan going forward.”
The continuation, Braun said is an opportunity for Brooks to create a plan.
The sentencing will be continued at a later date.