HUTCHINSON– Reno County District Judge Joe McCarville late Friday issued his written opinion on whether to allow the affidavits in the case against five teens accused of making threats against Hutch High unsealed.

The defense attorney’s had argued against them being unsealed after some area media outlets requested them. The affidavits are presented to the judges by law enforcement to allow them to serve search warrants in the case.

They argued that disclosure could jeopardize their clients right to a fair trial by tainting any jury pool.

But, Judge McCarville says in his written opinion, “the affidavits do not tend to sensationalize the cases, do not tend to appeal to passion or even emotion and must in fairness be characterized as containing factual allegations.”

He also said, “The mere disclosure of facts does not necessarily drive a finding that the members of the public will be able to recall the facts at a later time or that they would, even if able to recall facts, be unable to set aside that information if called to serve on a jury.”

He said he was not convinced that the disclosure of the affidavits would likely prevent the teens from being able to have a fair trial in Reno County.

It was Tuesday when four of the five defendants and their attorneys were in court over this issue.

The five teenagers are accused of conspiring to carry out a shooting at Hutchinson High School with the state stating that the five had posted the threats on their Facebook page called “KYOD,” which stands for “kill yourself or die.”

Dominic Collins, Tyler Cabral, Jacobsen Eells, Takoda D. Bowman and Andre R. Harris are charged with solicitation to commit first-degree murder and criminal threat. They were arrested in April after Hutchinson High School officials were alerted to postings on Facebook that threatened a mass murder at the school. They have all been held in juvenile detention since their arrests.

The cases are pending future hearings in juvenile court.

NICKERSON -One of the victims of a canoe accident on the Arkansas River near Nickerson has died as a result of the accident.

Jerry Patton of Hutchinson was canoeing on the Arkansas River with his son, 38-year-old Justin Patton and his two grand daughters, ages 12 and 10. They had two canoes that capsized in the area of 30th & Dean Rd.

Jerry Patton struggled in the water and was having difficulty breathing. Rescue personnel had difficulty reaching the location where the canoe capsized because of mud issues. A helicopter was able to remove Jerry from the scene. He was pronounced dead in Wichita around 3 p.m.

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NICKERSON — One person suffered injuries and numerous rescue personnel had to work in hot overgrown conditions to rescue one of four people after their canoe capsized while rafting down the Arkansas River on Friday afternoon.

According to Reno County Sheriffs Deputy Rick Newton, the four took off down the river this morning around 69th Avenue. The canoe capsized in the area of 30th and Dean Road.

Four were resuscitated, as rescue crews were on the scene, although Newton could not say what exactly happened.

It is not know if any of the four were under the water for an extended period of time but three of the boaters did not appear to suffer serious injuries.

The one victim was airlifted to a Wichita hospital. One member of the rescue team suffered some type of medical condition and was taken by EMS to Hutchinson Regional Medical Center. Several of the other firefighters and EMS personnel who were on the scene suffered numerous bites and cuts from dealing with the heavy over growth and the river.

Although the sheriff has not banned rafting on the river, they have strongly recommended against any type of float trip due to the high water.

During the period of staff furloughs, the Kansas Department of Transportation will maintain many of its usual public services.
• Roadside maintenance and operations – Reduced KDOT field crews will be available for traffic control needed to shut down roads in emergency situations, such as flooding or traffic crashes. Routine mowing operations will be suspended. Crews will only remove dead animals from the road if they pose a safety hazard.
• Traveler information services – Information provided on the KanDrive website, including highway closures, road conditions, camera views, weather information and more, will be accessible. KC Scout and WICHway traffic management centers will continue normal operations. The 511 traveler information phone line also will be in operation.
• Construction projects – There will be no stoppage of construction projects now underway.
• KDOT offices – Headquarters and district offices will be staffed by a skeleton crew of workers during normal business hours.
• Telephone lines – Limited staff will be available to answer telephone calls to primary phone lines at KDOT headquarters and district offices throughout the state.
• Truck permits – The online K-TRIPS truck permitting system will be in operation.
• Rest areas – Highway rest areas will be open.
• Social media – Postings to some of KDOT’s social media accounts will be limited.

WASHINGTON, DC – U.S. Senator Pat Roberts (R-Kan.) on Thursday spoke on the Senate floor in recognition of General Dwight David Eisenhower, “Kansas’s favorite son, America’s greatest war time general, and peace time president,” ahead of the 71st anniversary of the D-Day invasion on June 6, 1944. Senator Roberts was named chairman of the Eisenhower Memorial Commission in April 2015.

Watch Senator Roberts’ remarks here

“This Saturday will be the 71st anniversary of one of the greatest days in history – D-Day, June 6, 1944 – the day that led to Allied victory in Europe in World War II, the preservation of Western democracy and freedom for generations to come,” said Roberts. “Few days in history belong to individuals, but this day, D-Day, belongs to Ike. He came to this day, which forever established his place in history as a soldier, as a Kansan, and most of all as an American.”

 

Roberts’ full remarks, as prepared, are below:

“This Saturday will be the 71^st anniversary of one of the greatest days in history – D-Day, June 6, 1944 – the day that led to Allied victory in Europe in World War II, the preservation of Western democracy and freedom for generations to come. Few days in history belong to individuals, but this day, D-Day, belongs to Ike.  He came to this day, which forever established his place in history as a soldier, as a Kansan, and most of all as an American.

“I come to the floor today as a Senator, as a Marine, and as Ike’s fellow Kansan. Most of all, I come to share Ike with my fellow Americans.

“There are days in history that change nations and the course of history itself. D-Day, January 6, 1944, was one of those days.  The events growing out of that day changed the course of millions of lives, of Western civilization, and led to victory over a ruthless tyranny totally dedicated to destroying democracy.

“The sacrifices and human losses were immense. Several weeks ago, on May 8, the whole of Europe – from Amsterdam to Moscow – was not only celebrating European victory in World War II but also remembering the special sacrifices of the brave young Americans who made victory possible when it seemed impossible, especially in June 1944, when the whole of Europe and much of Russia was under the Nazi boot.

“These cataclysmic events were set in motion on D-Day by the heroic decision-making of one man, a Kansan from modest origins and humble roots – Dwight David Eisenhower – who at the direction of the President of the United States carried individually the sole responsibility of supreme command of all allied forces in Europe in World War II.

“The decision to launch the invasion was his alone, and the risk of failure was enormous, with huge human losses assured for America and all of its allies.

“Ike’s decision proved correct and was followed by the greatest demonstration of military coalition leadership ever seen in history, before or since D-Day.  This brilliant leadership by Eisenhower led to victory in Europe in 1945, followed by the defeat of Japan.

“Ike never let his gigantic role in history push his ego ahead of modesty, common sense, and humility. As he famously said in 1945, “Humility must always be the portion of any man who receives acclaim earned in blood of his followers and sacrifices of his friends.”  Ike’s transcending humanity won not only his fellow citizens’ respect but also their affection.  Indeed, he won the respect and affection of much of the world, and he is celebrated internationally to this very day.

“Currently, I am privileged to serve as the Chairman of the Eisenhower Memorial Commission. Two giants of the United States Senate brought me to this role. Congressional Medal of Honor winner Dan Inouye and U. S. Army pilot Ted Stevens, both combat-decorated World War II veterans who decided Ike, both as General and as President, should be nationally memorialized.  They drafted me for service. They decided and convinced the Congress that General and President Eisenhower should be nationally celebrated. And the day it all began was D-Day.

“Senator Inouye from Hawaii and Senator Stevens from Alaska knew that Ike represented more than Kansas. He represented America in a way that spoke to the world.  His identity was simple, basic and convincing. As he spoke in 1945 to the British fathers and mothers of the soldiers, sailors and airmen who had died under his command, “I am not a native of this land. I come from the very heart of America.”

“Mr. President, for these reasons, and many other unspoken ones, I ask all of my colleagues and fellow Americans to join me in saying “I Still Like Ike.”

“Now is the time to complete a lasting tribute to Kansas’s favorite son, America’s greatest war time General and peace time President, General Dwight David Eisenhower.”

The Eisenhower Memorial Commission was created to “complete a National Memorial to honor Dwight D. Eisenhower and inspire future generations with his devotion to public service, leadership, integrity, life-long work ethic, and his total devotion to the values and processes of democracy.” For more on the Eisenhower Memorial Commission, go here.

TOPEKA, Kan. (AP) — At least 24,200 workers at Kansas state government agencies and state universities have received notices that they’ll be furloughed if lawmakers don’t approve a budget by Sunday.

Figures provided Friday to The Associated Press showed that almost 71 percent of those employees work at a state university.

Department of Administration spokesman John Milburn said about 7,100 employees in agencies under Gov. Sam Brownback’s direct control received notices.

The University of Kansas reported sending furlough notices to almost 5,300 workers. Notices went to another 2,600 workers at the University of Kansas Medical Center.

Kansas State University announced it sent notices to more than 8,700 employees. The number at Pittsburg State University was 530.

Lawmakers have yet to approve a complete state budget for the fiscal year beginning July 1.

TOPEKA, Kan.—The Kansas Department of Health and Environment (KDHE) has documented a substantial increase in the number of mosquitoes within the past week, including the type of
mosquitoes that can potentially spread West Nile virus. KDHE conducts targeted mosquito surveillance in Sedgwick County and uses the information to assess the potential for West Nile virus transmission statewide.

“Although the increase in mosquitoes after the substantial rain we have had is not unexpected,” said Dr. Ingrid Garrison, State Public Health Veterinarian, “we want to remind everyone to take steps to prevent mosquito bites that can transmit West Nile virus.”

In 2014, there were 54 cases of West Nile virus in Kansas. There are currently no reported cases of West Nile virus in 2015.

Symptoms of West Nile virus infection range from a slight headache and low-grade fever to swelling of the brain or brain tissue and, in rare cases, death. People who have had West Nile virus before are considered immune.

KDHE recommends the following precautions to protect against West Nile virus:

• When you are outdoors, use insect repellent containing an EPA-registered active ingredient on skin and clothing, including DEET, picaridin, oil of lemon eucalyptus, or IR3535. Follow the directions on the package.
• Many mosquitoes are most active at dusk and dawn. Be sure to use insect repellent and wear long sleeves and pants at these times or consider staying indoors during these hours.
• Make sure doors and windows have tight-fitting screens. Repair or replace screens that have tears. Try to keep doors and windows shut, especially at night.
• Get rid of mosquito breeding sites by emptying standing water from flower pots, buckets and barrels. Change the water in outdoor pet dishes and replace the water in bird baths twice weekly. Drill holes in tire swings so water drains out. Keep children’s wading pools empty and on their sides when they aren’t being used.

Additional information about West Nile Virus and preventing mosquito bites is available at www.kdheks.gov/westnilevirus.

TOPEKA, Kan. (AP) — Kansas’ largest union for state employees says it will file legal actions against the state if it furloughs workers.

Rebecca Proctor of the Kansas Organization of State Employees said Friday that she will file actions on a number of levels if an emergency furlough of nonessential state workers takes effect Sunday.

Proctor says her organization is prepared to file labor grievances as well as legal actions against the state. She says she also would arrange to bus public workers to rallies in Topeka to pressure legislators.

State lawmakers have been deadlocked over taxes and spending proposals to close a budget deficit for the fiscal year beginning July 1. Without a budget, the state cannot pay state workers beyond Saturday and all nonessential employees will be furloughed.

JUNCTION CITY -Pilots attending the annual National Biplane Fly In at Freeman Field in Junction City began arriving in the city Friday afternoon.

The main public viewing day for the event is  Saturday. There will be a pancake feed by Chris Cakes from 7-10 a.m. to help kick off the day. Admission is $5 per car.

Rick Dykstra captured photos of some of the planes the public will be able to view.

TOPEKA, Kan. (AP) — Pittsburg State University says about 530 of its workers will be furloughed if the Kansas Legislature does not pass a budget by Sunday.

The university said on its website Friday that 280 employees and about 250 student workers would be furloughed.

Lawmakers were in the 106th day of their annual session, which was supposed to last 90 days. Because a budget has not been passed for the fiscal year beginning July 1, the state cannot pay salaries for the pay period beginning Sunday.

Pittsburg State President Steve Scott said on the university’s website that it is painful to know that employees will feel devalued by the situation.

Workers facing the potential furlough are from the university’s custodial, athletics and technology departments.