WICHITA, Kan. (AP) — A federal judge has canceled a contempt hearing for Kansas Secretary of State Kris Kobach (KOH’-bahk) after he agreed to concessions that will fully register and clearly notify thousands of people that they can vote in November.
The ruling Thursday by U.S. District Judge Julie Robinson comes a day before a hearing had been scheduled for Kobach to show why he should not be held in contempt for allegedly violating her May order. Robinson’s order required Kobach to put on voter rolls people who registered at motor vehicle offices or with a federal form without providing citizenship documents.
Kobach and the American Civil Liberties Union brokered a deal Thursday that would allow more than 20,000 voters to cast a regular ballot, instead of a provisional one.
———-
WICHITA, Kan. (AP) — Kansas Secretary of State Kris Kobach has struck a deal with the American Civil Liberties Union that he hopes will help him avoid a contempt finding.
The deal would allow people who registered at motor vehicle offices or with a federal form without providing citizenship documents to vote in the November election with a traditional secret ballot, rather than be forced to use a provisional one.
Kobach has also agreed to send notices to at least 20,000 affected voters telling them they are registered and qualified to vote.
It is unclear whether the deal will be enough for U.S. District Judge Julie Robinson to call off Friday’s contempt hearing in a lawsuit brought by the ACLU over the state’s voter identification law.
A man involved in a racist incident at a rural Kansas college has been trying to gain a foothold in state politics.
Among the messages chalked on the Bethany College campus was one that read “Make Lindsborg White Again.”
Chalk outlines of bodies and messages, including “Make Lindsborg White Again,” scrawled on Bethany College sidewalks earlier this month rattled the campus and surrounding community.
A police report of the chalkings from Sept. 3 names Gabriel James Wilson as a suspect.
Wilson, a 19-year-old from nearby Salina, has been part of multiple campaigns for statewide and legislative office during past elections, planting yard signs and offering other support. He’s since affiliated himself with Identity Evropa, a white nationalist group based in California.
In a brief phone interview last week, he admitted to taking part in the chalkings.
“I was involved in the chalk incident,” Wilson said. “I apologize for being involved in the incident, and I have nothing further to say.”
Wilson answered a series of follow-up questions with “no comment” before hanging up.
He did not respond when asked via email if he made the threatening phone calls to Bethany College President Will Jones that followed the chalkings.
On Facebook, Jones wrote that the racially charged threats were aimed at his family — he has two adopted biracial children — and the students of color who’ve been recruited to his campus.
Jones has said the caller gave his name, but has declined to make it public in order to deny the caller notoriety. A spokesperson for the college, Tina Goodwin, said information had been shared with law enforcement.
The Kansas National Guard has opened its own investigation. Spokesperson Steve Larson confirmed Wilson is a Guard member.
Political involvement
Joey Frazier is director of the 1st Congressional District for the Libertarian Party of Kansas and is running for Kansas House.
Joey Frazier of Salina, director of the 1st Congressional District for the Libertarian Party of Kansas and a candidate for a Kansas House seat, met Wilson in June.
Frazier says Wilson and a group of five or six others showed up at a scheduled Libertarian Party event in Salina, started talking presidential politics with the regulars and introduced themselves as the Lindsborg chapter of Identity Evropa.
“I’d never heard of it, so I didn’t know if it was a good thing or a bad thing,” Frazier said.
Identity Evropa is part of a network of “white identitarian” groups, according to Mark Potok, a senior fellow at the Southern Poverty Law Center. These are groups that believe the United States and western Europe are “white countries” that are “under assault by the forces of multiculturalism and political correctness,” Potok said.
By the end of the Salina meeting, Frazier said Wilson had offered to help his campaign with money, volunteer hours or even an endorsement from his group.
To Frazier, a 28-year-old third-party candidate with little political experience, it seemed like an unexpected boost given that Wilson had worked on political campaigns before and seemed to know some prominent Kansas office holders.
But Wilson’s insistence that the Libertarians drop their support for their presidential nominee, Gary Johnson, and vote for Republican Donald Trump made Frazier uneasy.
Later that day Frazier received a message from Wilson via Facebook that increased his unease.
Wilson had noticed that a rainbow flag — a symbol of support for gay rights — was superimposed on Frazier’s profile picture.
“Upon further consideration, Identity Evropa will not be supporting your candidacy,” Wilson wrote. “Your public support for sexually deviant behavior on social media is antithetical to our ideals and mores.”
After looking closer at Identity Evropa online, Frazier said he dodged a bullet.
“I would have rejected his endorsement anyway because I don’t want to be involved in an organization like that,” he said.
At the bottom of his Facebook message to Frazier, Wilson described himself as Identity Evropa’s Kansas state coordinator.
Past associations
Gabriel Wilson’s message to Joey Frazier.
People who met Wilson while working on previous campaigns are shocked that he has taken up with a white nationalist group.
Six politically connected Republicans were friends with Wilson on Facebook as of last week but have since disassociated themselves with his page, which changed dramatically after KHI News Service began contacting elected officials to inquire about their connection to Wilson. Posts were deleted and Wilson removed his last name from the profile.
Several say they met him in 2014 when Wilson worked for Clark Shultz’s campaign for Kansas insurance commissioner. Shultz, then a state senator from McPherson, was one of several Republicans who lost in the primary to Ken Selzer. He now serves under Selzer as the Kansas Insurance Department’s deputy commissioner.
Campaign finance records show that Shultz’s campaign employed Wilson, then 17, as a consultant, paying him $2,000.
Shultz said that Wilson was hired to put out yard signs largely because he had access to a truck and a hammer.
He said Wilson had worked as a volunteer on the 2012 campaign of Galva resident Jesse Bryant when Bryant unsuccessfully challenged then-incumbent Sen. Jay Emler as a Republican in the primary and as a Libertarian in the general election.
Shultz said he has not talked with Wilson in a long time and never heard him express any white separatist views.
“I don’t know anybody who has views like he’s purported to have, and I certainly did not see (them) in that time period,” Shultz said. “(I) certainly never saw anything like that.”
Former Rep. Travis Couture-Lovelady, a Republican from Palco who is now a regional lobbyist for the National Rifle Association, said he met Wilson during the Shultz campaign.
“He seemed like a normal high school kid,” Couture-Lovelady said. “I don’t know. I just saw him at some parades and stuff. Didn’t hang out with him, so I can’t tell you what his personal views were.”
Couture-Lovelady’s wife, Carly Couture, was the treasurer for the Shultz campaign. She is now the state coordinator of Trump’s campaign in Kansas and, until recently, also was connected to Wilson on Facebook.
She said she has not talked with Wilson in years and he has not asked her if he could help with the Trump campaign.
“I am more than glad to tell you, zero contact,” Couture said.
Sen. Michael O’Donnell, a Republican from Wichita, was one of several people who “liked” a Sept. 15 Facebook post by Wilson that referenced Democratic presidential nominee Hillary Clinton’s comment that half of Trump supporters belong in a “basket of deplorables.”
“The more I think on it, I think I fit into the ‘deplorables’ category,” Wilson wrote. “I’ll wear that one like a badge of honor.”
O’Donnell, who is leaving the Legislature to run for the Sedgwick County Commission, said that liking the post was meant only to register his distaste for Clinton, and that he liked several similar posts by other people.
Before it was altered last week, Wilson’s Facebook page was peppered with statements supporting Trump and the alternative-right, or “alt-right,” and expressing suspicion or derision of immigrants, Muslims, gay people and the Black Lives Matter movement.
O’Donnell said he and the other public officials connected to Wilson through the social media network have thousands of Facebook friends and can’t be expected to monitor the posts all of them make.
He said he had no idea that Wilson was connected to a white separatist movement.
“I clearly find that to be reprehensible and completely wrong,” said O’Donnell, who has since removed Wilson from his Facebook friends.
Another of Wilson’s recent Facebook friends, former Rep. Basil Dannebohm, who served briefly as a Republican, thinks Trump’s rise within the party is fueling Wilson’s ideology.
“Their presidential candidate has degraded women, minorities and the disabled,” said Dannebohm, who lives in Salina. “Acceptance of such behavior is not only ignorant, it’s dangerous.”
Dannebohm said he has left the Republican Party and is now an independent.
Dalton Glasscock, campaign and policy director for the Kansas Federation of College Republicans, also had been on Wilson’s Facebook friends list.
However, Glasscock said he has not interacted with Wilson in years, except for some pro-Trump comments Wilson made on Glasscock’s Facebook page. Glasscock is a vocal opponent of Trump.
He said he doesn’t believe Wilson’s views are widespread among Kansas Republicans, but he said party leaders should keep them from seeping in.
“You should always be concerned about that,” Glasscock said. “Those don’t reflect the views of me or the Republican Party at large and if for some reason (the party) ever moved into that, I would be out in a second.”
Ascribing to white nationalism
Wilson pronounced his white nationalist affiliation on Facebook on Aug. 29 with a post that read, “I love getting Identity Evropa packages in the mail!” and included a hyperlink to the group’s Facebook page.
A Wilson post on Islam.
As of Tuesday, Wilson was still friends on Facebook with the group’s founder, Nathan Damigo, the former chairman of the National Youth Front.
Clues to unraveling Wilson’s turn toward white nationalism can be found in the online postings of a Tulsa man named Paul Ray Ramsey. Ramsey, who goes by the handle Ramzpaul, has no known connection to Identity Evropa, but shares the same ideology in videos he posts online.
Potok, of the Southern Poverty Law Center, said Ramsey has cultivated a youthful following by couching white nationalism in humor and branding himself “as a Jon Stewart of the far right.”
A Feb. 27 posting on Ramsey’s blog referenced a trip to Kansas to connect with “Gabriel and his girlfriend.” In a short video, Ramsey described the pair as perfect ambassadors for the alt-right movement because they are young and attractive.
Paul Ray Ramsey of Tulsa described coming to Kansas to meet “Gabriel and his girlfriend” in February
View larger photo
“Gabriel and his girlfriend met with me last year,” Ramsey posted. “They found other people in their area who also watched my videos and they formed some real life friendships. Based on these friendships Gabriel took the initiative to arranged (sic) an Alt Right meet up. I was invited and I was happy to attend.”
Potok said it’s plausible that Ramsey’s videos shaped Wilson’s views and Trump’s campaign energized him.
“I think that Ramzpaul has shown that he is capable of bringing people into the white nationalist movement,” Potok said. “In addition to that, what we’ve seen in the last year or so is that Donald Trump’s presidential campaign has really opened up a political space for these kinds of individuals and ideologies to essentially be pushed into the mainstream.”
Ramsey posted on his verified Twitter account July 30 that he had a “great dinner and conversation tonight with the Kansas #altright” — seeming to identify Wilson as a charter member. Ramsey said about 20 people attended and thanked Wilson by tagging Wilson’s Twitter account.
Paul Ray Ramsey’s Twitter profile described a second meeting in July and tagged Gabriel Wilson’s profile.
He told another Twitter user who asked about the meeting to “get in touch” with Wilson about a schedule of such events and tagged him again. Another Twitter user also advised those interested to contact Wilson and posted “we are from all over KS.”
Dannebohm said Wilson told him that in the future he would like to run against Rep. Steven Johnson, a Republican from Assaria who represents Lindsborg.
Potok said that would fit a national trend.
“The fact is that many of these white nationalists are doing their best to enter politics in a fairly mainstream way,” Potok said. “They are working to spread their ideas, and very typically they do so hiding behind names that sound innocuous. They don’t call themselves the Klan; they call themselves something like Identity Evropa.”
Andy Marso is a reporter for KHI News Service in Topeka, a partner in the Heartland Health Monitor team. You can reach him on Twitter @andymarso
WASHINGTON (AP) — The Army has named a new commander at Fort Riley, Kansas, to replace an officer who was fired Monday, just weeks before soldiers from the 1st Infantry Division deploy to Iraq.
Maj. Gen. Joseph Martin is assuming command of the division. Martin replaces Maj. Gen. Wayne Grigsby, who is the subject of an Army investigation and was removed from command. The Army hasn’t released details of the investigation.
Martin is a 1986 graduate of the U.S. Military Academy at West Point, and recently was commander at the National Training Center in Fort Irwin, California. He deployed to Iraq twice as a commander during the Iraq war.
Brig. Gen. Jeffery D. Broadwater will take command of the National Training Center. He’s currently deployed to Afghanistan.
SALINE COUNTY – Law enforcement in Saline County are investigating an alleged assault and searching for a suspect.
Just after 9:30 p.m. on Wednesday, a 16-year-old girl was walking in the 100 block of E. Walnut near the Stiefel Theatre and when became paranoid that someone was following her, according to Salina police captain Paul Forrester.
When the girl turned around, a man she described as wearing a pink dress with a Mohawk haircut struck her in the right cheek.
After striking the girl, the man then tried to pull her into an alley.
Forrester said the girl was able to kick the man in the groin to free herself. She then ran to her home and notified police.
The suspect has been identified as 46-year-old Thomas Dunn, who has been seen numerous times throughout the community.
(SUMMARY) On August 18, 2016, Hays Police Officer Sergeant Brandon Hauptman attempted to stop a vehicle driven by Joseph “Joey” Weber, age 36, for improper tag display, due to the license plate having an expired year decal. Weber failed to stop for Sgt. Hauptman and attempted to elude the officer. Weber did stop his vehicle in an alley, but refused to obey the lawful commands of Sgt. Hauptman who was attempting to arrest Weber for eluding a police officer.
As additional law enforcement officers approached, Weber drove away. Weber was pursued by three law enforcement vehicles. Weber eluded officers for several minutes and stopped his vehicle in the 2300 Block of Timber Drive in Hays, KS. Weber got out of the vehicle, and again refused to follow the lawful commands of Sgt. Hauptman who ordered Weber, at gunpoint, to lie on the ground. Weber fled on foot from Sgt. Hauptman towards a residence. Sgt. Hauptman gave chase and attempted to force Weber to the ground. This resulted in Weber falling onto the sidewalk and Sgt. Hauptman falling on top of him. Weber continued to ignore Sgt. Hauptman’s commands, and tried to wrestle Sgt. Hauptman’s handgun away from him. Sgt. Hauptman, fearing for his life, pushed the barrel of his gun into the chest of Weber and fired one shot. Weber died from the gunshot wound. Sgt. Hauptman reasonably believed shooting Weber was necessary to prevent death or great bodily harm to himself. Therefore, no crime occurred because Sgt. Hauptman was acting in self-defense of his person.
———————
(FULL TEXT) On August 18, 2016, at approximately 2:30 p.m., Hays Police Officer Sergeant Brandon Hauptman was eastbound on 27th Street west of the intersection of 27th and Vine in Hays, Ellis County, KS. Sgt. Hauptman observed a white Ford Taurus with an expired license plate year decal. The tag had expired as of November 2015. Sgt. Hauptman pulled in behind the vehicle and began radioing information to dispatch.
Sgt. Hauptman observed the driver, later identified as Joseph “Joey” Weber, age 36, repeatedly looking in his rear view mirror at the officer, leaning over and moving objects on the seat next to the driver, and appeared to be reaching for objects in the glove box. Weber continued to make the furtive movements in the vehicle and repeatedly made eye contact with Sgt. Hauptman in his rear view mirror. Sgt. Hauptman received information from dispatch that the registration on the vehicle was valid. Sgt. Hauptman decided to stop the vehicle for the expired year decal on the license plate (illegal tag display). Weber continued making furtive movements, reaching for objects on the seat and in the glove box and repeatedly looking in the mirror at the officer. After the two vehicles passed through the intersection, Sgt. Hauptman turned on his emergency lights to initiate the traffic stop. Weber’s vehicle continued driving and made several turns. Sgt. Hauptman initiated his siren.
The vehicle turned onto Plaza Avenue and traveled north. Instead of stopping, the vehicle turned into the Golden Belt Bank parking lot and drove the wrong direction through the drive-thru teller lane; continued driving through the parking lot and back onto 27th Street. Weber’s vehicle then made a U-turn on 27th Street into an alley next to Golden Belt Bank and drove north down the alley before coming to a stop. Sgt. Hauptman decided to arrest Weber for interference with a law enforcement officer – failing to stop for and eluding a police officer. Sgt. Hauptman continued to observe Weber manipulating items on the front seat. Worried for his safety, Sgt. Hauptman decided to treat this as a “felony vehicle stop” and wait for a backup officer to arrive on scene before approaching Weber’s vehicle. Sgt. Hauptman opened his driver’s side door, drew his handgun, took cover behind the vehicle frame and gave Weber verbal commands. Sgt. Hauptman’s body recorder recorded the commands as follows:
Get your hands out the window!
Hays Police Department!
Hands out the window! . . . Hays Police Department!
Stick your hands out the window!
Do it now! . . . Hands out the window!
This is the Hays Police Department! . . . Stick your hands out of the window!
Both of’em, drop the phone! . . . Put the phone down!
You are under arrest!
Put your hands out the window; do it now!
Several witnesses at a Hays business observed the officer yelling commands at Joey Weber and Weber failing to respond to the commands. At one point several witnesses observed Weber roll down his window part way, and place part of one hand out of the window, then retract it into the vehicle and roll the window back up. Sgt. Hauptman continued to observe Weber manipulate items on the front seat, and Weber speaking on his cellular telephone. Sgt. Hauptman observed Weber stick the fingers of one hand outside the vehicle. Weber then retracted his hand into the vehicle. Weber then started driving forward and left the alley.
Sgt. Hauptman re-holstered his weapon and began pursuing Joey Weber. The vehicle traveled southbound on Broadway and stopped at the stop sign. At this time a Sheriff’s Deputy also arrived and two police vehicles were behind Weber with lights and siren. Weber then turned eastbound on 27th Street and proceeded to 27th and Indian Trail. A third police car with activated lights and siren was blocking eastbound traffic beyond the intersection. Weber stopped at the stop sign. Both pursuing police vehicles caught up to Weber. Weber then turned southbound onto Indian Trail. Weber proceeded eastbound on 26th Street then southbound on Timber Drive stopping at the stop sign at 25th and Timber. All three police vehicles caught up to Weber. Weber then proceeded southbound on Timber and pulled onto the sidewalk in the 2300 Block of Timber with Weber’s passenger side tires on the sidewalk and the driver’s side tires in the roadway. Sgt. Hauptman stopped behind Weber’s vehicle in the roadway, exited his police vehicle, drew his weapon and ordered Weber to “get on the ground”. Weber got out of his vehicle, looked at Sgt. Hauptman, then started running to the southwest toward a residence. Sgt. Hauptman gave chase and kicked at Weber’s feet in an attempt to force Weber to the ground so Sgt. Hauptman could affect the arrest. Weber lost his footing and fell onto the sidewalk with Sgt. Hauptman falling on top of Weber. A struggle ensued. Weber was able to roll onto his back and was face-to-face with Sgt. Hauptman. Sgt. Hauptman ordered Weber to get on his face. Weber struggled with Sgt. Hauptman. Weber then grabbed Sgt. Hauptman’s handgun and began pulling on it. Sgt. Hauptman, believing Weber was attempting to take his handgun from him to kill him with it, feared for his life. Sgt. Hauptman was able to push the barrel of the gun into the chest of Weber and fire one shot. The shot occurred at approximately 2:41 p.m. Sgt. Hauptman and a fellow officer immediately checked Weber for weapons and began performing CPR on Weber.
Sgt. Hauptman directed other arriving officers to watch the house Joey Weber was attempting to run to, and to secure Weber’s vehicle. Weber never communicated with Sgt. Hauptman that day. Sgt. Hauptman had never been in contact with Weber before this incident, and did not know anything about the residence Weber was attempting to run to. Weber’s cell phone was recovered next to Weber. Weber did not have a weapon.
The Ellis County Sheriff’s Office took control of the scene. The area was canvased to speak to persons who may have observed what occurred. The officer’s handgun was recovered and the Kansas Bureau of Investigation was called to assist in the investigation. Dr. Lyle Noordhoek, Coroner of the 23rd Judicial District, was contacted as soon as emergency medical services personnel determined that Joey Weber had died. Dr. Noordhoek, Coroner, then began directing the death investigation.
KBI and law enforcement interviews determined that four persons, in addition to Sgt. Hauptman, saw part of the chase, struggle and gunshot at the scene, two law enforcement officers and two lay witnesses. There was both consistency and inconsistency in the four statements as to what occurred at the shooting scene. Video was recovered from a sheriff’s deputy’s vehicle dashboard camera. The video showed Sgt. Hauptman ordering Joey Weber to the ground, Weber fleeing Sgt. Hauptman, Sgt. Hauptman chasing Weber and both falling onto the sidewalk. Both fell in front of Weber’s vehicle and were no longer visible to the camera. The struggle and the gunshot were audio recorded, but not visibly captured by the dashboard camera.
Joey Weber was 5’ 7” tall, with a muscular frame, and weighed approximately 170 pounds. Weber enjoyed working out at two Hays gyms multiple times a week. Dr. Noordhoek’s autopsy determined Weber had fresh abrasions on his head, arms, legs and right knee consistent with having had fallen on, then struggled on the concrete sidewalk. One gunshot entry wound was present in Weber’s chest. The bullet was recovered between Weber’s shirt and the concrete sidewalk. A contact wound was present on Weber’s chest showing the muzzle and gun sight imprint on Weber’s chest. The gunshot wound perforated the heart and the left lung. The autopsy was consistent with Weber having engaged in a physical struggle with Sgt. Hauptman at the scene and Sgt. Hauptman firing one contact gunshot into Weber’s chest.
The post-shooting investigation determined that Sgt. Hauptman began with the Hays Police Department in August 2007 and graduated from the Kansas Law Enforcement Training Center in December 2007. He is currently a member of the Special Situation Response Team and has been for the past eight years. Sgt. Hauptman serves as a police instructor and supervisor for the Hays Police Department. Sgt. Hauptman has maintained his certification and training each of his nine years on the Hays police force. Sgt. Hauptman has not been the subject of any disciplinary actions during his law enforcement career.
The post-shooting investigation also determined that Joey Weber had been diagnosed with, and was undergoing treatment for mental health issues including Autism, Anxiety Disorder, Intermediate Explosive Disorder and Mild Intellectual Disability. Sgt. Hauptman had no knowledge of these illnesses and had no way of knowing about them as the illnesses did not manifest outward signs.
In evaluating the facts and evidence in this matter it became clear that Sgt. Hauptman was dealing with an individual who refused to stop for lights and sirens of police vehicles; refused to follow the lawful commands of Sgt. Hauptman who was attempting to arrest him; continued driving with multiple law enforcement vehicles pursuing him; Weber was refusing to be arrested, even at gunpoint; and Weber fled from Sgt. Hauptman towards a residence.
The legal issue involves answering this question: was Sgt. Hauptman met with what he reasonably believed to be deadly force, thereby justifying the officer’s use of deadly force? Kansas Statutes Annotated (K.S.A) 21-5404(a)(2) defines voluntary manslaughter as the voluntary and knowing killing of a human being committed upon an unreasonable but honest belief that circumstances existed that justified use of deadly force.
K.S.A. 21-5227(a) states as follows:
“A law enforcement officer…need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. Such officer is justified in the use of any force which such officer reasonably believes to be necessary to effect the arrest and the use of any force which such officer reasonably believes to be necessary to defend the officer’s self or another from bodily harm while making the arrest. However, such officer is justified in using deadly force only when such officer reasonably believes that such force is necessary to prevent death or great bodily harm to such officer or another person…”
Having assessed what Sgt. Hauptman knew, what he observed, and the actions of Joey Weber (first evading the officer, then eluding the officer, then running from the officer towards a residence), it was appropriate for Sgt. Hauptman to use physical force to arrest Weber. Once both men were lying on the sidewalk, struggling face-to-face and Weber tried to take Sgt. Hauptman’s gun from him, Sgt. Hauptman was confronted with deadly force, and Sgt. Hauptman was justified in the use of deadly force to shoot Weber. Therefore, no criminal charges will be filed stemming from this officer involved shooting.
Joey Weber’s parents, John and Nancy Weber, have requested the media respect their privacy as they grieve the loss of their son and refer questions to their attorney.
Coroner Noordhoek, County Attorney Drees and Ellis County Law Enforcement express their condolences to John and Nancy Weber on the loss of their son Joey. We also thank the public and the media for their patience during this necessary investigation and the time it took to properly conduct the investigation. The public is also thanked for their respectful and peaceful gatherings to celebrate Joey Weber’s life.
The scene of the Aug. 18 officer-involved shooting in Hays.
More than a month after an officer-involved shooting in Hays, the Ellis County Attorney’s Office offered the following on the incident in a Thursday morning news conference:
According to the Kansas Bureau of Investigation, on Aug. 18, Sgt. Brandon Hauptman of the Hays Police Department attempted to stop a vehicle for improper tag display because of an expired year decal.
Drees said Joseph “Joey” Weber, 36, failed to stop and attempted to elude, stopping in an alley. As additional law enforcement officers approached, Weber again drove away, he said.
Ellis Co. Attorney Tom Drees was the only person to make remarks during Thursday’s news conference. (L to R) Bruce Mellor, KBI Special Agent; Bruce Hertel-Ellis Co. Undersheriff and lead investigator for the Sheriff’s Dept.; Brian Carroll, KBI Special Agent and lead officer of the investigation; Dr. Lyle Noordhoek, 23rd Judicial District Coroner; Ellis Co. Attorney Tom Drees.
Weber was pursued by three law enforcement vehicles to the 2300 block of Timber, where he got out of the vehicle and again refused to follow commands at gunpoint. The KBI report said Weber then fled toward a residence, and Hauptman attempted to take Weber to the ground, leading to a struggle between the two.
Drees said Weber tried to wrestle the handgun away, leading to the moment where Hauptman pushed the barrel of the gun to Weber’s chest and fired one shot. Hauptman and another officer immediately began CPR, but Weber was fatally injured by the shot.
Weber offered no communication to Hauptman during the incident, Drees said.
“Mr. Joey Weber never said anything until after the shot occurred,” Drees said, noting Weber’s family has heard audio recording and seen video recording of the incident.
“I first met with their attorney, Ken Wasserman, Salina, last Thursday and took him through the information and allowed him to view the videos. We then met yesterday afternoon with John and Nancy Weber (Oakley) their and attorney Ken Wasserman here in Hays.
“We also allowed them the view the view and hear the video, pursuant to a change in Kansas statute that allows the decedent’s family to view and hear those. We also covered the information and answered all questions they had.”
The recordings will not be released to the public or to media.
“They are investigative records,” Drees said, citing the Kansas Open Records Act, as he leafed through documents on the podium in front of him. “Criminal investigative records can be excluded and we are excluding them.
“The parents, along with their attorney, expressed their desire the recordings not be released. That’s not how they want their son Joey remembered.”
The struggle and the gunshot were audio recorded, but not visibly captured by the dashboard camera.
He added that the entire incident took place within a span of about 8 minutes, with the foot chase leading to the shot lasting just a few seconds.
Several Ellis Co. law enforcement and court officers attended the news conference held in the 23rd Judicial Dist. courtroom. Joey Weber’s employer, Joseph Boeckner (center front) of Job Bob Outfitters, Hays, also was present.
The KBI report cleared Hauptman of criminal wrongdoing and confirmed Weber was not armed.
“No crime occurred because Sgt. Hauptman was acting in self defense of his person,” Drees said.
Drees offered his condolences to Weber’s family and thanked the public for their patience as the investigation was completed.
Hauptman remains on administrative leave until a professional standards investigation by the Kansas Highway Patrol is completed, according to the HPD.
On August 18, 2016, a standard traffic stop escalated into a pursuit and ultimately the use of lethal force by a Hays Police Officer. After a brief struggle where the driver grabbed the officer’s gun, one shot was fired, striking Hays resident, Joey Weber in the chest. Joey Weber perished at the scene. The Hays Police Department would like to offer our condolences and sympathy to the family of Joey Weber.
Immediately following the events on August 18th, the Kansas Bureau of Investigation (KBI) and the Ellis County Sheriff’s Office were asked to conduct an investigation of the incident. This is standard procedure following an officer involved shooting, and was done to ensure that a fair and impartial investigation could be completed. I want our community to know that we have fully cooperated with this investigation and complied with every request made to me and other members of the Hays Police Department. During the investigation, the Hays Police Department could not comment on the facts of the matter that were being examined by the KBI, as it could have undermined their ability to gather information and draw an unbiased conclusion. We appreciate your patience and understanding over the last several weeks.
Now that the criminal investigation has been concluded, the Hays Police Department will begin a Professional Standards Investigation into the events surrounding the incident. The purpose of a Professional Standards Investigation is to determine if the officer was in compliance with the policies and procedures of the Hays Police Department and to identify any steps we can take to further prepare our officers to serve the community. In our effort to ensure a fair review of the incident, we have asked the Kansas Highway Patrol Professional Standards Unit to complete the impartial fact finding portion of the Professional Standards Investigation. They will have unimpeded access to all records and personnel. Upon completion of the Professional Standards Investigation, the officer may be disciplined in accordance with the City’s Personnel Manual or exonerated.
A police officer’s most important responsibility is the protection and preservation of life, including their own. When officers objectively and reasonably believe that they or others are in danger of being seriously hurt or killed, police officers are required by law to take the necessary steps to protect the lives of others and themselves. These decisions and reactions are based upon what is happening at that moment, not what they may find out later. That is part of the reason we have policies and procedures and conduct regular training. The Professional Standards Investigation will determine if these policies and procedures were followed.
The officer involved, Sgt. Brandon Hauptman, is a graduate of Hays High School and Fort Hays State University, and has been a member of this community for many years. He started his law enforcement career with the Hays Police Department in 2007. He attended all required training for law enforcement officers in Kansas, including the police academy at the Kansas Law Enforcement Training Center. Sgt. Hauptman is a highly decorated and trained police officer. He was promoted to Patrol Corporal in 2014, and then to Patrol Sergeant in 2015. Sgt. Hauptman is a Supervisor and a Police Instructor for the Hays Police Department. Sgt. Hauptman has conducted thousands of citizen contacts and law enforcement contacts during his nine years as a police officer here. Sgt. Hauptman will remain on administrative leave until the professional standards investigation is completed.
It is my continued commitment to our community that a full and impartial internal review of the August 18th use of lethal force will be completed. I also pledge that when we conclude our review of what happened that day, our goal will be to identify any steps we can take to better prepare our police officers to protect themselves and the other members of our community.
Chief Don Scheibler
Hays Police Department
Fall is in the air with the autumnal equinox beginning last Thursday, Sept. 22, at 9:21 a.m. Central Time.
The change of seasons is also evident in cooler overnight temperatures.
According to official statistics from the K-State Ag Research Center south of town, the overnight low Wednesday, Sept. 28 in Hays dropped to a chilly 39 degrees after a pleasant daytime high of 76 degrees.
That’s not a record low, though. Record keeper Joe Becker says it was 100 years ago, Sept. 22, 1916, the overnight temperature dropped to an unseasonably cold 25 degrees, which remains the record for Sept. 22.
TOPEKA -A nationwide Cosmetology school with a location in Kansas announced Wednesday it is closing all 79 campuses.
On the school web site they wrote, “It is with great sadness that we announce that after more than 50 years of educating cosmetology students, Regency Beauty Institute is permanently closing.
The school also tried to explain the reason they are closing.
“ The organization does not have the cash to continue to run the business. There are multiple intertwined reasons: declining numbers of cosmetology students nationwide, a negative characterization of for-profit education by regulators and politicians that continues to worsen and, in light of these factors, an inability to obtain continued financing.
This is not another case of a school being forced to shut down because it was accused of wrongdoing. We held ourselves to high educational and ethical standards.
The environment is simply not one that allows us to remain open. We diligently explored a range of strategic options that would benefit our students, teachers, and staff — and allow us to remain open. Unfortunately, those efforts were not successful.”
The school also said the Kansas location was working to secure teach-out partners, check the school web site frequently, starting the week of October 3 or call the state cosmetology board.
HOBOKEN, N.J. (AP) — The Latest on the commuter train that crashed into a station in New Jersey (all times local):
1:50 p.m.
A New Jersey Transit machinist at the Hoboken train station when a train crashed says he saw it coming in at a high rate of speed and strike a bumper block, which caused the front car to go into the air.
Michael Larson says the train traveled about 40 feet after going airborne and hit the wall of a waiting room at the station in New Jersey at morning rush hour Thursday.
Larson says the bumper blocks are made of concrete and steel.
Gov. Chris Christie says one person was killed. Area hospitals report that 74 patients were being treated, including three who suffered traumatic injuries.
___
1:20 p.m.
New York Gov. Andrew Cuomo has canceled a trip to Israel for Shimon Peres’ funeral because of the deadly commuter train crash in New Jersey.
The Democratic governor had planned to pay his respects to the former Israeli leader on Friday. Instead he will tour the crash site with New Jersey Gov. Chris Christie.
Cuomo says a large number of New Yorkers were on the train when it crashed into the station in Hoboken. One person was killed and 74 others were hospitalized.
He says New York State Police are assisting in the response to the crash, along with officials from other local, state and federal agencies.
My train just derailed and crashed into the Hoboken train station. Thankfully all I got was a crack to my head, please pray for the rest pic.twitter.com/DEm34qFSFI
Cuomo says the crash will likely cause “major delays” into New York City.
___
1:15 p.m.
Hospitals in New Jersey say they have received 74 patients from the Hoboken train crash.
A spokesman for Jersey City Medical Center says it got 51 injured. Three are trauma patients in serious condition, while eight others are in less serious condition. Forty others were brought in by bus, were triaged and were being treated in its cafeteria.
Officials at Hoboken University Medical Center say they received 22 patients. Three of them had broken bones, while the rest had bumps, cuts and other minor injuries.
The two hospitals are the primary places taking those injured in the crash, which killed one person. Another patient was taken to Christ Hospital in Jersey City.
The New Jersey Transit train overran the end of the tracks in Hoboken and smashed into the station.
___
11:55 a.m.
New Jersey Gov. Chris Christie says no one is believed to be trapped on the commuter train that crashed in Hoboken.
Christie spoke Thursday to Fox News, more than two hours after the New Jersey Transit train overran the end of the line and crashed into the Hoboken station. He confirms that there has been one fatality. More than 100 others were injured.
The governor says he, New York Gov. Andrew Cuomo, the Port Authority of New York and New Jersey and New Jersey Transit are coordinating on the response.
Christie says all victims are being taken to one of two hospitals in the area: Jersey City Medical Center and Point Care Hospital Center in Hoboken. He says loved ones should contact the hospitals directly to get information on family members who may be hospitalized.
___
11:40 a.m.
The New Jersey Transit train that crashed in Hoboken, killing one person and injuring more than 100 others, was not equipped with a technology that is designed to slow speeding trains.
U.S. railroads are under government orders to install the system called positive train control, but the work has gone more slowly than expected. The deadline has been repeatedly extended and is now Dec. 31, 2018.
Bob Chipkevich, who formerly headed the National Transportation Safety Board’s train crash investigations section, says the agency will be looking at whether the train was exceeding speed limits, both when it was approaching the station and when it entered the station area.
Last month, the Federal Railroad Administration said New Jersey Transit had a lot of work yet to do on installing the necessary equipment. New Jersey Transit responded that the report didn’t reflect the work it had accomplished.
___
11 a.m.
A state lawmaker says one person was killed and two critically injured when a commuter train plowed into the Hoboken station.
Democratic Assemblyman Raj Mukherji, who represents Hoboken, said a transit official confirmed the death to him. A New Jersey Transit spokeswoman, Jennifer Nelson, earlier said that more than 100 people were injured in the crash.
The train from New York crashed during the Thursday morning rush hour. It caused serious damage to both the train and station. Witnesses reported injuries, including one woman who was trapped under concrete and many people bleeding.
The National Transportation Safety Board is opening an investigation into the crash, and is sending a team of investigators to the scene.
___
10:20 a.m.
A New Jersey Transit spokeswoman says that more than 100 people were injured, some critically, when a commuter train plowed into the Hoboken station.
The train from New York crashed during the Thursday morning rush hour. It caused serious damage to both the train and station. Witnesses reported injuries, including one woman who was trapped under concrete and many people bleeding.
The spokeswoman, Jennifer Nelson, says she doesn’t know yet how fast the train was going when it ran into the rail bumper at the end of the line.
___
——-
10 a.m.
A New Jersey Transit spokeswoman says that a commuter train that crashed into a train station in Hoboken was coming from Spring Valley, New York, on the Pascack Valley Line.
Nancy Snyder says there were multiple injuries, but it’s not clear how many, after Train No. 1614 crashed into the Hoboken train station around 8:45 a.m. She says the train left Spring Valley at 7:23 a.m. Thursday.
TV footage and photos from the scene Thursday morning show damage to the rail car and extensive structural damage to the Hoboken station.
A spokesman for the Federal Railroad Administration says that investigators have been dispatched to the scene.
Passengers heading to New York City transfer from New Jersey Transit trains at Hoboken to board other trains and ferries to get into Manhattan.
___
9:55 a.m.
A passenger says the commuter train that crashed in New Jersey was crowded and plowed through the platform at the end of the line.
Bhagyesh Shah told NBC New York he saw a lot of people bleeding and a woman pinned under concrete Thursday morning at New Jersey Transit’s Hoboken station.
Shah says he was in the back of the train but that many people use the front cars, since it makes for an easier exit. He says the train plowed into the platform. He says it lasted only a couple seconds, “but it felt like an eternity.”
He tells the TV station that passengers in the second car broke the emergency windows to get out.
Images from the scene show damage to the rail car and extensive structural damage, but there’s no official word on the number of injuries.
___
9:30 a.m.
A commuter train has crashed into a rail station in New Jersey during the morning rush hour, causing serious damage.
TV footage and photos from the scene Thursday morning show damage to the rail car and extensive structural damage to the Hoboken station.
Radio station WFAN anchor John Minko told New York radio station WINS that the train “went right through the barriers and into the reception area.”
Rail service was suspended in and out of Hoboken, which is 7 miles outside New York City.
There is no word so far on the number of injuries.
Emergency crews are arriving on the scene.
___
9:10 a.m.
A commuter train has crashed into a rail station in New Jersey.
Emergency crews are arriving on the scene in Hoboken on Thursday morning.
Photos from the scene show a damaged New Jersey Transit rail car inside the station, surrounded by debris.
There is no word on the damage or any possible injuries.
SEDGWICK COUNTY – Police report missing Devin James was located just after 8 a.m. and is safe. No additional details were released on Thursday morning.
—————-
SEDGWICK COUNTY – Law enforcement authorities in Sedgwick County are asking the public for help to find a missing 12-year-old boy.
Devin James was last seen in the 2300 Block of North Dogwood in Wichita.
He was wearing a blue camo hooded sweatshirt, black shorts, grey tennis shoes and carrying a camo back pack.
If you have any information on this case or if you know the whereabouts of this boy please call 911 immediately! pic.twitter.com/6O0wA9Nh0a
Funeral services for longtime Sharon Springs, Kansas, resident Jr. See, 87, will be held Friday, September 30, at 10:00 AM MT at Wesleyan Church in Sharon Springs, Kansas.
Burial will be at Weskan Cemetery.
Visitation will be Friday, September 30, at 9:00 AM MT at Wesleyan Church.
Memorials to EMTs of Wallace County or Wesleyan Church may be left at the service or mailed to Koons Funeral Home, 211 N Main, Goodland, KS 67735-1555.