Man seeks to withdraw plea in Topeka shooting

One of four defendants in a deadly shooting near a Topeka high school is seeking to withdraw his plea.

The Topeka Capital-Journal reports that 24-year-old Coty Newman, of Topeka, pleaded guilty in March in Shawnee County District Court to felony first-degree murder and attempted second-degree murder.

Twenty-year-old Matthew Mitchell was killed in October 2010 near Topeka West High School. A 17-year-old friend of Mitchell’s survived after being shot five times during a botched drug sale. Prosecutors said Newman and another person opened fire.

As part of the plea, several drug charges were dismissed.

Newman was scheduled to be sentenced Tuesday. But now he will use the court appearance to make the case that he should be allowed to withdraw his plea based on “ineffective assistance of counsel.”