John Henry Allen, 20, made an appearance in court Tuesday afternoon. Allen, charged with murder in the January 14 stabbing death of Zachary Kafer, 20, was held Tuesday on a $500,000 bond.
In a January 15 written motion, Allen requested a lower bond. In court on Tuesday, State District Court Judge Jim Bob Darnell said he would issue a ruling later – possibly on Wednesday.
The motion said, “The amount of bond is a tool to guarantee the Defendant’s presence in court and not to be used as an instrument of oppression.”
The motion said Allen was illegally confined in jail.
“The Defendant has attempted, both individually, and through family and friends, to post bond in said amount,” the motion said.
It also said, “… The Defendant is not a continuing danger to society and that he will appear in court as scheduled.”
In the hours after Kafer’s death, Allen told police that he was using a walk-up ATM in the 2400 block of Broadway Street when he was approached by a group of men. He said moments later he was punched through the window of his car. In response, he pulled a knife and swung it out the window.
Allen then said he went home and went to sleep. He was questioned by police and ultimately arrested a few hours later. (See related story)
In court, the defense introduced surveillance video from a nearby business; the video did not have audio.
It showed that while Allen was near the ATM he was confronted by four men. The video showed someone pushing Allen.
As seen on the video, Allen got back into his car and started to drive off. But then he stopped the car and one of the men came over to him. The video showed one of the men trying violently to enter Allen’s car through the window.
Then Allen’s car was seen driving off and the four men walked away. Kafer was taken in a private vehicle to University Medical Center where he later died.
Also in court, Allen’s defense attorneys requested that Allen be allowed to stay at the Dove Tree Ranch where he had previously been seeking treatment for marijuana use.
The defense attorneys raised the issue of self defense and said Allen might have been justified in stabbing Kafer as an act of self defense.
