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Month: March 2015

Hydrant flushing, inspections, scheduled for Thursday

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HYDRANT FLUSHING GRAPHICHays Fire Department

The City of Hays Fire Department will be inspecting fire hydrants and flushing water mains on Thursday, March 5, in the area north of 27th Street to I-70 between Vine Street and Canterbury.

This is part of a coordinated effort by the City of Hays to inspect all fire hydrants in the city and flush all water mains annually.

Inspecting fire hydrants ensures that the valves operate properly and that there is no damage or obstructions that will prevent or interfere with the prompt use of fire hydrants in an emergency. Firefighters are also checking the pressure and volume of water mains in each neighborhood for firefighting purposes. The associated flushing of water mains allows chlorine to be distributed throughout the system to eliminate bio-filming in the water mains.

Slight discoloration of the water supply may be encountered although there will be no health risks to the consumer. All reasonable efforts will be taken to minimize the inconvenience to the public.

Drivers are asked to avoid driving through water discharging from a fire hydrant during the short flushing period.

For more information, call the Hays Fire Department at (785) 628-7330.

State files attempted capital murder charge against Kansas inmate

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Hutch Post

HUTCHINSON — The Reno County District Attorney’s Office has filed a charge of attempted capital murder against an inmate who was being housed at Hutchinson Correctional Facility Central Unit.

Corey Jeffery, 43, is accused of stabbing a corrections officer on September 17, 2014.

Officer Tim Russell who was working at the central unit received multiple stab wounds and was transported to the Hutchinson Regional Medical Center by EMS for treatment.

After the incident, Jeffery was taken into custody and was placed in the Administrative Segregation Unit. A weapon was recovered at the scene.

Jeffery was sentenced to prison in Minnesota for a conviction of murder. He was being housed as a courtesy by the state of Kansas.

Deputy District Attorney Tom Stanton said the complaint has been filed with the District Court. An initial court appearance has not been scheduled.

Defining obscenity

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John Richard Schrock is a professor at Emporia State University.
John Richard Schrock is a professor at Emporia State University.

The current debate to censor sex education in Kansas rests upon the incorrect assumption that what is obscene in public is likewise obscene in all other settings. The arguments reference “community standards,” a court ruling that not only recognized that the definition of obscenity varied from community to community, but that context does matter.

In 1964, the U.S. Supreme Court was faced with the case of Jacobellis vs. Ohio. and Justice Potter Stewart explained clearly why context mattered.

Justice Stewart wrote: “I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description [“hard-core pornography”], and perhaps I could never succeed in intelligibly doing so. But I know it when I see it….”

That statement—that there is no simple way to define obscenity but “I know it when I see it”—has become one of the most famous statements from our Supreme Court. For over 50 years, it has been an acknowledgment that laws must be realistic and the meaning of legislation must take into account the context.

Therefore, in Kansas Statute 21-6401, there is a checklist of what can constitute obscenity. But this longstanding Kansas statute likewise recognizes that what may be obscene in one setting may be quite appropriate and even required in another. It exempts from prosecution both medical practitioners and teachers when: “…an exhibition in a state of nudity is for a bona fide scientific or medical purpose, or for an educational or cultural purpose for a bona fide school, museum or library.”

Senate Bill 56 removes this exemption from prosecution (or “affirmative defense”) from teachers but not from medical workers. Graphic reproduction materials that a doctor uses with patients are clearly obscene if posted outside on the street, but are very appropriate and not obscene in the doctor’s office. This protection will remain for doctors but would no longer be allowed for teachers.

Removal of this clause will most definitely shut down sex education in Kansas. A teacher’s license is revoked for felony conviction. Use of the same sex education materials a doctor would use with a patient would become a potential crime for teachers under SB 56. Arguments that any use for literature or science would be allowed ring hollow. That would be a courtroom argument, and teachers are not going to risk arrest in the first place.

Some folks fear that American society has become more promiscuous with higher divorce rates and other related ills. There may be many reasons for this, including the rise of the Internet, social media, and relatively unregulated cable television. But the minimal sex education provided in public schools is not part of the problem. There is not one bit of causative evidence that sex education contributes to immorality. But many studies show that sex education answers the right questions at the right time in students’ lives.

Ironically, this last week saw the case of a state legislator in Idaho who, during discussion of telemedicine, asked if it would be possible to accomplish the standard ob/gyn pelvic exam remotely by having a patient swallow a camera. Yes. Really.

Now, we may tell little children that they may soon have a baby brother or sister because mommy has a baby in her “tummy.” But that error should hopefully be cleared up before students are 18 years old, and certainly before they become legislators.

Kansas legislators have not made the Idaho mistake. My guess is that they all know the difference between the digestive and reproductive systems. And where babies come from. And they all learned it before age 18. The next generation of legislators need to have that opportunity too.

Thin Mints will soon disappear into ‘thin’ air (VIDEO)

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gs cookie boxes
Thin Mints are the best-selling Girl Scout cookie locally, as well as across the nation.

By BECKY KISER
Hays Post

We’re in the final days of the annual Girl Scout cookie sale, which continues through Sunday, March 8.

If you’ve already purchased enough Thin Mints for yourself, you can still help support the 212 Girl Scouts in Ellis and Russell Counties, as well as local charities, through the Cookie Share program.

Sales Manager of the Hays Girl Scouts office, Lisa Cech, said it’s a “great opportunity for consumers to support the Girl Scouts, along with Kansas military members, food banks and Catholic Charities.”

cookie share
Girl Scout Cookie Share military donation (Photo courtesy Girls Scouts of Kansas Heartland)

“We do partner with the Kansas National Guard and other forms of the military, including McConnell Air Force base in Wichita. We have the local food pantries which are extremely popular in this part of the state. We also partner with Kansas Food Bank. They push the cookies out through their many food pantries they support across the same 80 western Kansas counties Girl Scouts of Kansas Heartland covers, so that’s a great partnership for us. We also work with Catholic Charities,” Cech said.

cookie share
A Cookie Share program was started last year with local Hays businesses.

“I’ll have to say the people in this region have always been very supportive of the Cookie Share program. We rank right up there with the rest of the state in cookie donations,” added Cech.

The eight varieties of Girl Scout Cookies, including the new gluten-free Trios, are $4 a box.

Girl Scout Cookie Booths will be open this weekend in Hays at the west Dillons store, 512 W. 27th, and at Walmart, 4301 Vine Street.

Tiger women remain atop region rankings

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FHSU Sports Information

No. 4 Fort Hays State was listed as the top ranked team for the third consecutive week in the NCAA Central Region Rankings, released Wednesday (Feb. 25). The Tigers have been first in every version of the poll, released weekly leading up the NCAA Tournament Selection Show, held March 8. The top eight teams in the region advance to the NCAA Regionals, held March 13-15 at a site to be determined.

The Central Region is made up of teams from the Mid-America Intercollegiate Athletic Association (MIAA), the Northern Sun Intercollegiate Conference (NSIC) and the Great American Conference (GAC). Automatic bids are granted to the winners of the postseason conference tournaments, with the final five seeds handed out on an at-large basis. Northern State has already locked up an automatic bid after winning the NSIC Tournament this week.

The Tigers (26-2, 18-1 MIAA) are 22-2 against NCAA Division II teams on the year – with all matchups coming against regional opponents. FHSU is one of five MIAA teams listed in the rankings, joining Emporia State (No. 2), Pittsburg State (No. 3), Central Missouri (No. 9) and Missouri Southern (No. 10). Three teams from the NSIC are listed in the poll, with Wayne State (No. 4), Northern State (No. 7) and Minnesota State-Mankato (No. 8) representing the conference. Harding (No. 5) and Arkansas Tech (No. 6) are the GAC teams listed in the rankings.

This week’s poll saw minimal changes and no new teams mentioned. Emporia State and Pittsburg State flipped the second and third overall spots, while Arkansas Tech and Northern State swapped the sixth and seventh positions.

Fort Hays State won the MIAA Regular Season Championship outright this season and is the No. 1 seed in the MIAA Tournament, which began Tuesday (March 3) at home sites. FHSU earned an automatic bye into the quarterfinals and begins tournament play this Friday (March 6) against ninth-seeded Northeastern State. Game time from Municipal Auditorium is 12 pm.

The complete NCAA Central Region Rankings for March 4 are below…

Rank School In-Region Record DII Record
1 Fort Hays State 22-2 22-2
2 Emporia State 21-4 21-4
3 Pittsburg State 23-5 25-5
4 Wayne State College 24-4 24-4
5 Harding 20-6 20-6
6 Arkansas Tech 18-4 20-5
7 Northern State 22-6 22-6
8 Minnesota State – Mankato 20-8 21-8
9 Central Missouri 17-8 19-8
10 Missouri Southern 18-6 18-6

FHSU Wrestling moves up one spot in final polls

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FHSU Sports Information

After qualifying four wrestlers for the NCAA Championships last weekend, the Fort Hays State Wrestling program moved up one spot to No. 16 in the Division II Wrestling Coaches Top 20, released Wednesday (March 4) by the organization.

Individually, Jon Inman (184) and Trey Page (285) remained in the rankings while Noah Killip (141) dropped out. Inman moved up one spot to No. 7 after taking third in the NCAA West Super Regional and Trey Page jumped to fourth (from No. 5) after winning the NCAA West Super Regional. Killip and Bradley Little (157) joined the two ranked Tigers in earning berths to the NCAA Championships with Top 4 finishes in NCAA West Super Regional.

The complete Division II Wrestling Coaches Association rankings for March 4 are below…

Rank School Points Last
1 Notre Dame (Ohio) 157 4th
2 Maryville (Mo.) 155 2nd
3 Nebraska-Kearney 139 7th
4 St. Cloud State (Minn.) 136 1st
5 Mercyhurst (Pa.) 121 6th
6 Western State (Colo.) 115 8th
7 Ouachita Baptist (Ark.) 111 3rd
8 Colorado Mesa 97 10th
9 McKendree (Ill.) 91 5th
10 Lindenwood (Mo.) 90 15th
11 Lake Erie (Ohio) 81 19th
12 Ashland (Ohio) 73 NR
13 Kutztown (Pa.) 60 18th
14 North Carolina-Pembroke 44 9th
15 Augustana (S.D.) 31 12th
16 Fort Hays State (Kan.) 26 17th
T17 Pittsburgh-Johnstown (Pa.) 24 NR
T17 Tiffin (Ohio) 24 NR
19 Minnesota State-Mankato 22 13th
20 Newberry (S.C.) 20 16th

Others receiving votes: Adams State (Colo.), Central Missouri, Central Oklahoma, Colorado State-Pueblo, Findlay (Ohio), Gannon (Pa.), San Francisco State (Calif.), Shorter (Ga.), Southwest Minnesota, Wheeling Jesuit (W.Va.), Upper Iowa.

125 Pounds
1. T.J. North, Augustana (S.D.)
2. Jerry Huff, Adams State (Colo.)
3. Willie Bohince, Mercyhurst (Pa.)
4. Da’Wayne Robertson, Minnesota State-Mankato
5. Matt Turek, Gannon (Pa.)
6. Tim Prescott, St. Cloud State (Minn.)
7. Josh Kieffer, Indianapolis (Ind.)
8. Garrett Evans, Ouachita Baptist (Ark.)

133 Pounds
1. Daniel DeShazer, Nebraska-Kearney
2. Michael Labry, Ashland (Ohio)
3. Nate Rodriguez, Ouachita Baptist (Ark.)
4. Nick Crume, Indianapolis (Ind.)
5. Sam White, Notre Dame (Ohio)
6. Jordan Gurrola, San Francisco State (Calif.)
7. Eric Hughes, Colorado State-Pueblo
8. Dakota Bauer, Maryville (Mo.)

141 Pounds
1. Daniel Ownbey, North Carolina-Pembroke
2. Maurice Miller, Notre Dame (Ohio)
3. Kyle Webb, Lindenwood (Mo.)
4. Darren Wynn, McKendree (Ill.)
5. Josh Myers, Ouachita Baptist (Ark.)
6. Preston Bowshier, Wheeling Jesuit (W.Va.)
7. Sam Hanau, Pittsburgh-Johnstown (Pa.)
8. Alphonso Vruno, Minnesota State-Mankato

149 Pounds
1. Frank Cagnina, Central Missouri
2. Keenan Hagerty, Maryville (Mo.)
3. Terrel Wilbourn, Lindenwood (Mo.)
4. Cameron Throckmorton, Shippensburg (Pa.)
5. Nick Goebel, Findlay (Ohio)
6. Destin McCauley, Nebraska-Kearney
7. Jeremy Landowski, Mercyhurst (Pa.)
8. Reis Humphrey, New Mexico Highlands

157 Pounds
1. Clint Poster, St. Cloud State (Minn.)
2. Jon Rivera, Notre Dame (Ohio)
3. James Martinez, Colorado Mesa
4. Francis Mizia, Mercyhurst (Pa.)
5. Chase White, Nebraska-Kearney
6. Sean Turner, Anderson (S.C.)
7. Derrick Weller, Lindenwood (Mo.)
8. Greg Hegarty, Maryville (Mo.)

165 Pounds
1. Chris Watson, Central Oklahoma
2. Cody Quinn, Minnesota State-Mankato
3. Gabe Fogarty, St. Cloud State (Minn.)
4. Nick Haferkamp, McKendree (Ill.)
5. Dimitri Willis, Maryville (Mo.)
6. Angelo Bortoluzzi, Mercyhurst (Pa.)
7. Juan Stimpson, North Carolina-Pembroke
8. Bo Candelaria, Kutztown (Pa.)

174 Pounds
1. Joey Davis, Notre Dame (Ohio)
2. Elliot Copeland, Western State (Colo.)
3. Zeb Wahle, Maryville (Mo.)
4. Terrence Zaleski, North Carolina-Pembroke
5. August Mizia, Mercyhurst (Pa.)
6. Jacob Begin, Southwest Minnesota
7. Payne Hatter, Ouachita Baptist (Ark.)
8. Joe Pittman, Newberry (S.C.)

184 Pounds
1. Dallas Smith, Ouachita Baptist (Ark.)
2. John Vogt, McKendree (Ill.)
3. Nick Burghardt, Maryville (Mo.)
4. Garrett Lineberger, Notre Dame (Ohio)
5. Jacob Waste, California Baptist
6. Kyle Piatt, Western State (Colo.)
7. Jon Inman, Fort Hays State (Kan.)
8. John McArdle, Lindenwood (Mo.)

197 Pounds
1. Sam Mangum, Western State (Colo.)
2. Romero Cotton, Nebraska-Kearney
3. Julian Smith, McKendree (Ill.)
4. Ryan Beltz, Maryville (Mo.)
5. Jayd Docken, Augustana (S.D.)
6. Huston Evans, Newberry (S.C.)
7. Jake Cramer, Tiffin (Ohio)
8. Evan Rosborough, Lake Erie (Ohio)

285 Pounds
1. Ziad Haddad, Kutztown (Pa.)
2. Garrett Gray, Tiffin (Ohio)
3. Austin Goergen, St. Cloud State (Minn.)
4. Trey Page, Fort Hays State (Kan.)
5. Jordan Passehl, Colorado Mesa
6. Andrew Ewers, Shorter (Ga.)
7. Cole Wilson, Southwest Minnesota
8. Logan Hopp, Upper Iowa

Kansas Senate panel grills Brownback judge appointee

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TOPEKA, Kan. (AP) — Republican Gov. Sam Brownback’s appointee to the Kansas Court of Appeals has gotten a chilly reception at her first confirmation hearing before a Senate panel.

Kathryn Gardner faced fierce questioning Wednesday by Judiciary Committee Chairman Sen. Jeff King. The Independence Republican compared Gardner’s qualifications to those of Harriet Miers, whose appointment to the U.S. Supreme Court in 2005 was eventually withdrawn following strong bipartisan opposition.

Gardner has served as the law clerk for U.S. District Judge Sam Crow since 2000 after working for 12 years as a practicing lawyer in Wichita and two years as an assistant state attorney general.

She said her time as clerk was directly applicable to the job of an appellate judge, but King said it leaves too vague of an impression of her legal philosophy.

Sheriff: Man arrested after Kansas home ransacked

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SALINA – Law enforcement authorities in Saline County arrested a man Tuesday afternoon after he was caught in the act of a home burglary.

Saline County Sheriff Glen Kochanowski said a 13-year-old boy arrived home just after 3:30 p.m. and noticed the front door of the residence, in the 2400 Block of Cottonwood, had been kicked in.

The boy also observed a man run from the home. The teen left the home and called authorities.

A deputy responding to the call saw a Kansas Highway Patrol Trooper had a man on the ground at gun point near the location.

Authorities arrested 24-year-old Apollo Jolly.

The sheriff said Jolly is alleged to have ransacked the home. There were holes in the walls, damage to doors and furnishings. Cash and jewelry were also reported missing.

Loss and damage is estimated at $3,775.

Sheriff Kochanowski said that Jolly, who bonded out of jail on a probation charge Monday evening, was not acting rationally when arrested.

Jolly was booked into the Saline County Jail on requested charges of aggravated burglary, theft, and felony criminal to damage.

Senate fails to override Obama’s veto of Keystone pipeline bill

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DINA CAPPIELLO, Associated Press

WASHINGTON (AP) — The Republican-controlled Senate has failed to override President Barack Obama’s veto of a bill approving the Keystone XL oil pipeline.

The 62-37 vote Wednesday was the latest chapter in the fight between the GOP-led Congress and the White House over energy policy. It was the first of many possible veto showdowns to come in Obama’s final term.

Proponents of the bill have said since its introduction that they didn’t have the vote of two-thirds of the Senate needed to override Obama’s veto.

The $8-billion pipeline would transport oil harvested from Canada’s tar sands to pipelines linked to Gulf Coast refineries. Obama said that the bill circumvented the well-established process for approving cross-border pipelines, which must be determined to be in the national interest.

State Supreme Court schedules first visit to Hays

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TOPEKA—The Kansas Supreme Court announced Tuesday it has selected Fort Hays State University as the next destination in its ongoing outreach to familiarize Kansans with the high court, its work, and the overall role of the Kansas judiciary.

It will be the Supreme Court’s first visit to Hays in the court’s 154-year history. It is also believed to be the first time the court will hear cases in the evening.

The court will be in session from 6:30 p.m. to about 8:30 p.m. Monday, April 13, in the Beach/Schmidt Performing Arts Center located in Sheridan Hall on the Fort Hays State University campus at 600 Park Street in Hays.

The public is invited to attend the proceedings and observe the court as it hears oral arguments in three criminal cases. After the hearing concludes, the justices will greet the public in an informal reception.

“Community visits are a great way for the people of Kansas to get to know us — who we are what we do — and to learn about the judiciary’s role in our society,” said Chief Justice Lawton R. Nuss. “We encourage anyone who’s ever been curious about Supreme Court proceedings to come. We have provided live webcasts of our courtroom sessions in Topeka since 2012, but people tell us there’s nothing like seeing proceedings in person.”

In 2011, the court convened outside its Topeka courtroom in the Kansas Judicial Center to mark the state’s sesquicentennial. Its first stop was the historic Supreme Court courtroom in the Kansas Statehouse. From there, and through the end of 2011, the court conducted special sessions in Salina, Greensburg, and Wichita. The court held sessions in Overland Park in 2012, Pittsburg in 2013 and Kansas City in 2014.

Fire destroys rural Kansas home

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St. Joseph Post

WHITE CLOUD -Multiple fire stations in Doniphan County responded to a rural house fire Tuesday evening to find flames shooting from the roof.

“White Cloud station was the first fire unit on the scene and there was fire showing from several different places in the house,” said Joe Florence, Highland District 2 Station Chief.

Florence said the call went out around 6 p.m. Tuesday and fire crews from White Cloud, Highland, Troy, and Iowa Tribe responded to the home located at 2393 Hwy 7 located between Iowa Point and White Cloud.

Because of the rural location water supply was a major issue.

“We made an attack on it and tried to control the fire but with a limited water supply basically we ran out of water,” Florence said.

“White Cloud had a tanker, Highland brought another truck with water and a tanker but in rural areas obviously there’s no water supply unless you can bring it with you and if you can’t overcome the fire with the water you brought it can’t go out.”

No one was injured in the fire but the home is estimated to be a complete loss.

Fire crews ended up having to let the fire burn itself out and monitored the area to make sure it didn’t spread.

“The area surrounding the house had quite a few trees but we didn’t have any problem with grass or anything catching on fire or extending into the woods,” he said.

Florence said the cause of the fire is still under investigation but believes it may be tied to electrical issues.
“The owner said he had some electrical problems when he came home on Tuesday, before the fire and reset some breakers and went outside to do some work,” Florence said. “When he came back the house was on fire.”

US clears officer in Ferguson case, criticizes police force

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ERIC TUCKER, Associated Press

WASHINGTON (AP) — The Justice Department says it won’t prosecute former Ferguson, Missouri, police officer Darren Wilson in the shooting death of an unarmed black 18-year-old that led to weeks of protests.

Federal officials concluded there was no evidence to disprove Wilson’s testimony that he feared for his safety, nor was there reliable evidence that Michael Brown had his hands up when he was shot.

The decision in the August 9 shooting had been expected, in part because of the high legal standard needed for a federal civil rights prosecution. Wilson, who has said Brown struck him in the face and reached for his gun during a tussle, also had been cleared by a Missouri grand jury in November and later resigned from the department.

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