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Ellis county attorney talks ‘corporal punishment’ vs. child abuse

Ellis County Attorney Tom Drees
Ellis County Attorney Tom Drees

By KARI BLURTON
Hays Post

In light of the Minnesota Vikings Adrian Peterson indictment for reckless or negligent injury to his 4-year-old son —  a charge he denies, saying he was disciplining his child — leaves many wondering: What is the difference between corporal punishment and child abuse?

While Ellis County Attorney Tom Drees said he can not speak of the Peterson case, he did say Kansas law (KS Statute 21-5602.) determines child abuse  based on many factors including the age of child and severity of corporal punishment inflicted on the child.

“It comes down to a very fact-specific determination as to whether the amount of physical punishment on the child is appropriate for the child, given the size of the child, given the amount of force inflicted upon the child and whether or not that causes a deterioration of the child’s health,” Drees said.

He added culturally and as a society, the type of discipline tolerated today is much different than in the past.

“Twenty or 50 years ago, corporal punishment was the norm — not uncommon for parents to spank their children with a belt,” he said. “Today, that would probably be seen as crossing the line, it has a great likelihood of causing physical harm to a child by using a belt.”

Drees cautioned parents who practice physical punishment.

“They (caregivers) will have to decide if they wish to use corporal punishment or not, and if they do  it should be used sparingly and appropriately and only with the amount of force given the age of the child,” he said, noting if a parent or caregiver thinks they are going overboard with physical discipline, then they probably are.

Drees encouraged parents to get help, if needed, noting there are organizations in Ellis County that provide free counseling and parenting classes.

A list of local resources can be found HERE.

Kansas man competent for trial in girl’s death

LEAVENWORTH, Kan. (AP) — A judge has ruled that an Atchison man is competent to be tried for murder in the death of a 5-year-old girl during a police chase.

District Judge Gunnar Sundby ruled Wednesday that Marcas McGowan is able to stand trial for first-degree murder and several other felony charges in the July 18 death of Candence Harris.

Authorities allege McGowan abducted the girl from a home they shared with the girl’s mother in Atchison. Cadence was found dead from a gunshot in McGowan’s car after a police chase ended when McGowan was shot after he pointed a gun at officers.

The Leavenworth Times reports McGowan’s preliminary hearing is scheduled for Nov. 20.

McGowan is being held in Leavenworth County Jail on $1 million bond.

 

Two found safe after getting lost in Sand Hills State Park

HUTCHINSON, Kan. —  Two joggers were found safe after a two hour long search for them in the Sand Hills State Park last11764036 night.

According to 911 the two runners apparently got disoriented in the park after dark and called 911 for help. That was around 9:30.

Sheriffs  Deputies, Hutchinson and South Hutchinson Police and the Highway Patrol Airplane were all used in the search for the pair. They were eventually found in some thick brush with some scrapes, but otherwise uninjured.

The Sheriffs department says the two jog at the park often, but this time misjudged how much time they had to run before darkness fell.

Rodger Keiser

Rodger Keiser, age 75, of Quinter, passed away Wednesday, September 24, 2014, at Gove County Medical Center in Quinter.

Schmitt Funeral Home of Quinter is handling arrangements.

HPD activity log, Sept. 24

AOBB-Logo-Main11

The Hays Police Department conducted 15 traffic stops and received eight animal calls on Wednesday, Sept. 24, according to the HPD activity log.

Drug offenses, 2800 block Indian Trail, 1:12 a.m.
Noise disturbance, 300 block East 21st, 7:17 a.m.
Animal injured, 300 block East 12th, 7:53 a.m.
Motor vehicle accident, 1800 block Vine, 8:43 a.m.
Animal at large, 1700 block Oak, 9:57 a.m.
Assist, 1000 block Fort, 11:52 a.m.
Driving while suspended/revoked, 1200 block Vine, 12:08 p.m.
Abandoned vehicle, 100 block East 15th, 1:16 p.m.
Credit card violations, Hays, 1:14 p.m.
Mental health call, 500 block West 35th, 1:22 p.m.
Motor vehicle accident, 13th and Canterbury, 1:31 p.m.
Civil transport, Larned, 2:46 p.m.
Animal at large, 3900 block East Eighth, 3:18 p.m.
Theft, 100 block West 19th, 3:30 p.m.
Suicidal subject, 400 block East 17th, 4:39 p.m.
Theft, 400 block East 11th, 5:15 p.m.
Animal at large, 1900 block Main, 6:11 p.m.
Animal at large, 19th and Ash, 7:32 p.m.
Welfare check, 2700 block Hickory, 7:48 p.m.

Sheriff’s department: 2 Trains derail in McPherson County UPDATE

Location of the Thursday morning train derailment in McPherson County
Location of the Thursday morning train derailment in McPherson County
Another view of Thursday's train derailment
Another view of Thursday’s train derailment
photo KHP
photo KHP

CANTON, Kan. — Clean up is under way after two trains collided in McPherson County this morning.

According to McPherson County 911 the accident happened around 6 a.m. at 24th Avenue just north of U.S. 56, between Canton and Galva near the new Grain Loading site under construction. Mark Davis with Union pacific said that an eastbound train struck a stationary train that was heading west.

Both trains were intermodal trains carrying ocean going shipping containers on flat cars. The area does have a siding but Davis could not say whether both trains were on the same track or if one derailed hitting the other.

Davis says that heavy equipment is being brought in as well as an investigative team from Omaha to determine what caused the accident and make repairs to the track.

Davis said it wasn’t clear how much track was damaged or when the line will be reopened. About 20 trains use the line every day.

No injuries are reported, and other than some leaking diesel fuel from one locomotive,  no hazardous materials were spilled.

6 to be inducted into Cowboy Hall of Fame

Screen Shot 2014-09-25 at 7.18.06 AMDODGE CITY, Kan. (AP) — The Kansas Cowboy Hall of Fame says it will induct six people into the hall this year.

The honorees will be inducted into the Dodge City institution on Oct. 11.

The new members announced Wednesday are Dusty Anderson, of Skiddy, a working cowboy; Fredric Young, of Dodge City, a cowboy historian; Barry Ward, of Dodge City, a cowboy entertainer/artist; C.L. “Bud” Sankey, of Rose Hill, a rodeo cowboy; and Bob and Wayne Alexander, of Council Grove, cattlemen/ranchers.

The Dodge City Daily Globe reports that inductees are honored for making significant contributions to western heritage lifestyle and to the preservation of the cowboy culture in Kansas. They also must personify cowboy ideals of integrity, honesty and self-sufficiency, achieve statewide historic significance and be a Kansas native or resident.

 

OSHA to investigate death at Kansas plant

OshaPITTSBURG, Kan. (AP) — The Occupational Safety and Health Administration is investigating the death of an employee at a Pittsburg plant.

Authorities say 51-year-old Harley Burch Jr. of Pittsburg died Tuesday after being injured in an accident at the Vinylplex plant, which makes PVC plastic pipe products. Lt. Tim Tompkins says Burch was working near a manufacturing machine and somehow came into contact with a piece of equipment.

OSHA spokesman Scott Allen said Wednesday that investigators will interview witnesses and try to determine what caused the accident.

The Joplin Globe reports Vinylplex officials declined to comment.

Royals lose to Indians, lose ground in Central

By TOM WITHERS
AP Sports Writer

CLEVELAND (AP) — The Royals can almost touch the postseason. It’s taunting them, teasing them, their first trip into October in 29 years is just one win away.

“We’re close,” designated hitter Billy Butler said.

So close.

Kansas City lost ground in the AL Central race but stayed safely ahead in the wild-card standings Wednesday night despite a 6-4 loss to the Cleveland Indians, who kept their own faint playoff pulse beating.

Yan Gomes hit a three-run homer, Michael Brantley got three more hits and Cleveland avoided elimination for at least one more day.

The Royals, who haven’t made the playoffs since 1985, fell two games behind first-place Detroit, which beat the Chicago White Sox earlier in the day.

Still, the Royals remain tied with Oakland for the wild-card spots, three games ahead of Seattle and 3 1/2 games up on Cleveland with four games left. Kansas City can clinch a spot with a win over the White Sox starting Thursday.

“I don’t let myself think about it,” Butler said. “I know things are close. We’ve got four games left. If we could do it right now, we’d be in a playoff spot. You can’t help but realize that’s right around the corner, but you have to keep grinding and keep your head down.”

Zach McAllister (4-7) pitched 2 1-3 scoreless innings and Cody Allen worked the ninth for his 23rd save.

The Royals trailed 3-0 after Gomes homered off starter Jason Vargas, but Kansas City scored once in the fourth and added three in the fifth to take a 4-3 lead. However, the Indians rallied for two in the fifth against rookie Brandon Finnegan (0-1) and added a run in the sixth on pinch-hitter David Murphy’s sacrifice fly.

In the fifth, Vargas hit Michael Bourn with a pitch to open the inning and Royals manager Ned Yost pulled the left-hander, who has just one win in his last seven starts.

Jose Ramirez doubled off the wall and the speedy Bourn, waved around by third-base coach Mike Sarbaugh, scored the tying run on a headfirst dive into the plate, reaching in with his left hand to avoid catcher Salvador Perez’s tag. Ramirez moved up on a fielder’s choice and scored on Santana’s grounder.

Yost hasn’t given up hope on dethroning Detroit in the Central.

“It just makes it a little more difficult but it’s not impossible,” Yost said. “There’s a lot of things that can happen in the last four games. Again, we’ve talked about this a couple of times but you don’t know what’s going to happen. You just go play them, play ’em out.”

Trailing 3-1, the Royals scored three runs in the fifth to chase Indians starter Trevor Bauer, who coasted through three innings and was fortunate to escape trouble in the fourth.

Eric Hosmer hit an RBI single and Butler doubled in two runs.

Gomes’ two-out shot, his 21st homer, to straightaway center gave the Indians a 3-0 lead in the first.

STUFFING SOX

Kansas City is 10-5 against the White Sox, including a 5-1 mark in Chicago.

RECORD SKIPPER

Yost managed in his 771st game with the Royals, moving him past Dick Howser for the most in club history. Yost is 370-401 with Kansas City.

ANOTHER ASSIST

Outfielder Alex Gordon threw Indians catcher Roberto Perez at second trying to stretch a single in the fourth. It was Gordon’s 62nd career assist, the most in the majors since 2011.

TRAINER’S ROOM

Royals: INF Christian Colon (broken right middle finger) has been sent to the instructional league in Arizona. The Royals may still include him on the postseason roster. Colon was placed on the DL on Sept. 7 after fractured his finger tip while fielding a grounder at third on Sept. 2.

UP NEXT

Royals: RHP James Shields (14-8) makes his team-leading 34th start as Kansas City tries to clinch a playoff spot in Chicago. Shields is 20-5 with a 2.48 ERA on the road since the start of 2013.

Indians: The Indians end a stretch of 30 games in 30 days with their final off day of 2014. They open a three-game series vs. Tampa Bay on Friday as Corey Kluber (17-9) tries to strengthen his case for the Cy Young.

Jimmy John’s says customers’ card data stolen

Screen Shot 2014-09-25 at 6.21.49 AMCHAMPAIGN, Ill. (AP) — Jimmy John’s sandwich chain said Wednesday that it believes customers’ credit card data was stolen from 216 of its shops between June and September.

The Champaign, Illinois-based chain said in a news release that stores in 37 states across the United States were affected. It did not say how many customers are affected.

Jimmy John’s believes someone stole log-in credentials and remotely installed malware on machines used to swipe credit cards. Some customers’ credit card numbers, expiration dates, verification codes and names were stolen between June 16 and Sept. 15, the company said.

The privately held company said it discovered the problem on July 30.

Jimmy John’s said it believes its security has been restored by installing encrypted swipe machines and taking other steps.

Jimmy John’s has more than 2,000 locations.

Chamber will have Business After Hours at Jana’s Campaign offices

jana's-campaign-logo

Join Jana’s Campaign for networking, appetizers and libations from 5 to 7 p.m. Thursday at a Hays Area Chamber of Commerce Business After Hours in the Hadley Center, Stes. 303 and 305.

Through prevention and education programs, Jana’s Campaign aims to play a significant role in breaking the cycle of domestic, dating and sexual violence while serving as a catalyst for social change.

The After Hours will be a chance to learn more — and win a door prize valued at $100.

For more on Jana’s Campaign, click HERE.

Moran and Am. Legion call on VA to remove employees responsible for misconduct

MoranWASHINGTON, D.C. – U.S. Senator Jerry Moran (R-Kan.), member of the Senate Veterans’ Affairs Committee, has sent a letter to Department of Veterans’ Affairs (VA) Secretary Bob McDonald calling for immediate action to remove the VA employees who were found to have abused their positions, mistreated their coworkers, and disrespected veterans and their families. With the passage of the Veterans Access, Choice, and Accountability Act this summer, Congress empowered the VA Secretary with the ability to more readily terminate employees for poor performance and misconduct – yet no action has been taken.

“There has been no shortage on news stories and investigations exposing employees – particularly managers – at the VA who engages in objectionable and outrageous behaviors that must never be tolerated for anyone in public service,” Sen. Moran wrote in a letter to Secretary McDonald along with nine of his Senate colleagues. “…Yet, more than a month since the President signed the Veterans Access, Choice, and Accountability Act into law on August 7, the Department has yet to use its authority to fire senior officials and administrators for poor performance and unethical conduct… Americans expect and deserve immediate action from the VA to demonstrate the culture and expectations at the Department are changing.”

Click here to read Sen. Moran’s entire latter to VA Sec. McDonald calling for the removal of those who endangered the health and lives of veterans.

A call for accountability at the VA also came this week from the National Commander of the American Legion Michael D. Helm, of Norcatur, Kansas, in a separate letter to President Obama on Sept. 18, 2014, which called for corrupt managers within the agency to be “fired immediately.”

“The only way those culpable will get their just desserts, and credibility will be restored to the thousands of VA employees who really deserve it, is for you to demand that those who caused this scandal, and those who oversaw it and did nothing, be fired and removed from government,” said National Commander Helm said in a letter sent to President Obama. “Let me assure you that if someone on my staff were found to be cooking the books, committing fraud or putting career ambitions ahead of veterans’ lives, they wouldn’t be transferred or suspended with pay. They would be fired immediately. Our VA employees should be held to the same standard.”

Ford adding 1,200 workers a Kansas City plant

jobsCLAYCOMO, Mo. (AP) — Ford Motor Co. is adding 1,200 workers and another shift to a Missouri plant that makes its new Transit van.

The company announced Thursday that the workers already have been hired and are expected to start in late November at the plant just outside Kansas City in Claycomo. The second shift of Transit workers will bring the number of hourly workers at the plant to more than 6,000. The plant also has three crews making the F-150 pickup truck.

Ford spokeswoman Kristina Adamski says once the new shift is on duty, the Claycomo plant will be making more vehicles per year than any other Ford plant in the world.

The plant will have the capacity to make 500,000 vehicles, also the highest number in the company.

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