The Kansas Court of Appeals has upheld the conviction for a 41-year-old man convicted of one count of felony battery of a law enforcement officer. But they ruled that Judge Trish Rose used the wrong statute to order  Bradley Verstraete to the Larned State Hospital.

A second jury in a later trial found Verstraete “not guilty,” of aggravated assault charges against law enforcement because they thought he suffered from a mental illness. Judge Rose ordered Verstraete to Larned for an indefinite period after that decision.

With the Court of Appeals ruling, the case will come back to District Court so Judge Rose can order him to Larned using the right statute. It’s one of those technicalities in the law.

Verstraete had sought relief believing the he had improved enough where he could function in public and wanted to be set free, but the judge wasn’t convinced after Dr. Stephanie Adam with Larned State Hospital testified that he’s still mentally ill. She testified that he suffers from a number of mental disorders, and while she interviewed him at the hospital, he had trouble staying on topic and still heard voices, and believed that he hears god. Judge Rose at the time said she felt he wasn’t at the point where he wouldn’t pose a danger to himself or others.

Verstraete threatened law enforcement officers with a machete when they responded to a concern for welfare case. There were two trials for the incident which occurred back on February 22, 2008 when police were called to a home at 726 East 1st, on the report of residents having trouble with Verstraete and he reportedly threatened four officers with the machete when the arrived at that home.

Judge Rose sentenced Verstraete to 21-months for felony battery of a law enforcement officer, but also ordered time served because he had been in custody in the case since February of 2009.

So, the case will come back to District Court at some point to see how he’s doing and then decide whether he needs to be sent him back to Larned for further mental treatment.