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Former Kan. jail deputy wants relief from sentence in sex, bribery case

Diaz- photo Kan. Dpt. of Corrections
Diaz- photo Kan. Dpt. of Corrections

HUTCHINSON– A former Reno County Sheriff’s Jail Deputy convicted on charges associated with unlawful sexual relations with inmates inside the old Reno County Jail and sentenced to over five years in prison is seeking relief from that sentence.

Jonathon Diaz, 33, had waived his right to a preliminary hearing and entered guilty pleas to three counts of unlawful sexual relations and two counts of bribery. He then entered no contest pleas to two counts of aggravated intimidation of a witness.

He has a civil filing pending action by the court seeking relief from that sentence. An evidentiary hearing was held on the civil case where the defendant took the stand and complained that his attorney at the time didn’t do what he asked and filed a motion to suppress his confession.

Diaz also alleged that he felt intimidated when questioned by investigators because they were carrying their weapons and that he felt he couldn’t leave.

He says that he felt others he worked with in the jail could tell authorities that what the state says happened could not have, considering the size of the jail.

Diaz claims that his attorney did not bother to investigate and also speak with those co-workers. Plus, he says his character wouldn’t allow that sort of behavior.

He also claims the he was told if he didn’t enter the plea, additional charges could be added. He says he felt coerced into entering the plea.

On cross-examination the state questioned him about being a law enforcement officer and that he also carried a gun.

District Attorney Keith Schroeder also questioned him over the evidence that showed on video some of the alleged conduct.

District Judge Tim Chambers noted that he handled the sentencing, but wasn’t present when the actual plea was entered. He wanted time to read over what happened there as well as the decision over the appeal in the case. He took the matter under advisement.

The case against Diaz was filed in 2013 by the state after a nearly two week internal investigation ordered by Reno County Sheriff Randy Henderson. Some inmates complained of the allegations of Diaz touching them and also requesting that they expose themselves to him, and also that they engage in sexual activity while he watched.

Judge Chambers said he would have his decision over the civil case by the end of the week

The Latest: Wildfire destroyed 9 Barber County homes

photo Kansas State Firefighters Assn.
photo Kansas State Firefighters Assn.

MEDICINE LODGE, Kan. (AP) — The Latest on the wildfire that has burned at least 620 square miles of land in Kansas and Oklahoma since last week.

4:40 p.m.

Kansas officials have identified more Barber County homes destroyed in the wildfire that hit the region last week.

Ben Bauman, spokesman for the Kansas Adjutant General’s Office, said Monday it appears that nine homes in Barber County were destroyed in the wildfire. Earlier estimates showed anywhere from two to six homes destroyed in the county.

Bauman says three other homes were destroyed in wildfires elsewhere in Kansas last week.

He says assessments of the damage are just beginning, and the numbers will likely change.

He also says Kansas National Guard helicopters dropped an estimated 68,000 gallons of water on the fire over the weekend.

The fire, which started last week in Oklahoma, before spreading into southern Kansas, has reportedly been largely contained.

1:40 p.m.

At least one section of the wildfire that has been burning in southern Kansas since last week has been extinguished.

John Lehman, emergency manager for Comanche County, told The Wichita Eagle (https://bit.ly/1UXzXX4 ) Monday that the portion of the fire in Comanche County is out. The fire, which burned about 620 square miles in Oklahoma and Kansas, hit about 93 square miles of land in Comanche County.

Lehman says snowfall Sunday brought enough moisture to the burned area in Comanche County to declare the fire 100 percent controlled in that county by Sunday evening. He said firefighters no longer need to monitor for hot spots there.

The fire in neighboring Barber County was considered about 81 percent contained earlier Monday.

12:05 p.m.

Oklahoma Forestry Services officials are still investigating the cause of a wildfire that consumed an estimated 620 square miles of mostly rural land in Oklahoma and Kansas since last week. Fire personnel are focused on containing its spread.

Forestry Services spokeswoman Hannah Anderson said Monday firefighters have contained about 90 percent of the fire in both states, although significant areas continue to burn. Officials flew a plane over the fire Monday morning seeking a reliable estimate of the burn area.

Weather conditions are expected to worsen Monday as humidity drops and temperatures rise. Officials expect wind speeds up to 22 mph and gusts up to 30 mph in the northwest part of Oklahoma.

The agency plans to release a new fire-containment estimate Monday evening.

Hays USD 489 bond issue: Next stop — voters

USD489_LogoAddress

By JAMES BELL
Hays Post

In a brief meeting Monday morning, the Hays USD 489 Board of Education approved a resolution that allows a $94 million bond issue election to proceed on June 7.

Following the resolution, ballot language will be published and filed with the appropriate agencies in order to proceed with the election.

While the meeting was brief, the outcome could weigh heavily on voters in June.

During the meeting, the board split the bond into two propositions – one to fund the bulk of the bond and a second that would be used for gyms to be built at Hays High and Hays Middle Schools.

The proposition for the gyms is $8.9 million of the total $94 million bond. Voters can opt to vote for one, both or none of the propositions.

“I think my biggest concern that if we do a two-question (ballot), we are automatically cutting (the gyms) off,” said Luke Oborny, board member.

While the board wants to ensure voters have options in the bond issue, they recognize the need for the gyms and hope the public will support both propositions.

“I hate to keep calling them gyms as they are multi-purpose rooms, and we can use them for so many things,” Oborny said.

The board also argued the multi-purpose rooms would benefit more than USD 489, as they be used for regional activities that would bring revenue into Hays.

“Businesses and things like that, in my opinion, should really be on board with this, just due to the fact it’s going to help them,” said Lance Bickle, board president.

As the bond issue has progressed over recent months, many have questioned the need for the multi-purpose rooms, calling the bond issue too large in scope, but board members hopes, as information is presented to the community, voters will ultimately support both propositions.

“It all goes back to education,” Bickle said.

The likelihood of a successful bond was increased last week with the Hays City Commission approving, in a 2-1 vote, a sales tax question be put on the June ballot.

The board sought the sales tax question to help lower the impact on property owners who would otherwise pay for the entire project.

The board would likely set the bond term to 20 years if the sales tax is approved, shaving five years off the length of the bond — and saving millions in interest payments.

Now that the board passed the ballot resolution and the Hays City Commission scheduled the sales to question to coincide with the other propositions, educating the public about the bond will now be the biggest challenge the board faces — a task complicated by the three propositions on a single ballot.

With multiple questions, the election is required by law to be a walk-in election.

The board had hoped early on for a mail-in ballot, but the desire to give the public options was decided to be more important.

“Much like the sale tax, what I like offering with the two propositions is we’re giving people a choice,” said Sarah Rankin, board member.

The district will host two bond educational town hall meetings this week. The first is scheduled for 6:30 p.m. Tuesday at Hays High School, 2300 E. 13th. The second is scheduled for 7 p.m. Wednesday at the 12th Street Auditorium, 334 W. 12th.

Democrats file protest over just-passed Kansas school finance bill

School funding smallTOPEKA, Kan. (AP) — Democrats in the Kansas Legislature have filed a formal protest against a bill passed last week to address spending for public education in the state.

Republican supermajorities in the Statehouse quickly passed the bill in response to a state Supreme Court ruling that the current school finance formula was inequitable. The court threatened to close down public schools if the funding problems weren’t addressed by the end of June.

In their protest, Democrats say the bill benefits wealthier districts over poorer districts and doesn’t consider the actual cost of public education.

The Topeka Capital-Journal reported Monday the Democrat’s formal protest puts their objections to the bill in records that the Supreme Court will likely use to determine if the new law is constitutional.

Cold Weather Rule to end March 31

cold wx ruleKCC

TOPEKA–The Kansas Cold Weather Rule ends on March 31. That means Kansans who are behind on electric and natural gas utility bills will be subject to disconnection of service unless they contact their utility company to make payment arrangements.

The Cold Weather Rule, in effect November 1 through March 31 each year, provides protection to residential customers who cannot fully pay winter utility bills from companies under the Kansas Corporation Commission’s (KCC) jurisdiction. That protection ends on Thursday. Failure to make arrangements or failure to adhere to an already established payment plan could result in service disconnection. Reconnection may require payment in full.

The Cold Weather Rule requires utilities to set up 12-month payment plans for customers who cannot afford to pay their full bill. As part of this arrangement, the customer must make an initial payment of 1/12 of the overdue amount, 1/12 of the bill for current service, the full amount of any disconnection or reconnection fees, plus any applicable deposit owed to the utility. The balance will be billed in equal payments over the next 11 months in addition to the regular monthly bill.

The KCC adopted the Cold Weather Rule to protect customers during cold winter weather by providing a reasonable and organized method of paying past due and current bills. The Cold Weather Rule applies only to residential customers of electric and natural gas utility companies under the KCC’s jurisdiction. For a complete list of utilities regulated by the KCC visit: https://www.kcc.ks.gov/pi/jurisdictional_utilities.htm.

More information about the Cold Weather Rule is available at: https://www.kcc.ks.gov/pi/cwr_english.htm. Kansans may also contact their local utility company or the KCC’s Office of Public Affairs and Consumer Protection at (800) 662-0027.

Russell County woman hospitalized after pickup rolls into a ditch

KHPRUSSELL COUNTY- A Russell County woman was injured in an accident just before 9:30 a.m. on Monday in Russell County.

The Kansas Highway Patrol reported a 1991 Chevy Silverado driven by Gloria A. Williams, 54, Bunker Hill, was eastbound on Interstate 70 three miles east of Russell.

The truck traveled over a sand ridge and the driver lost control.

The truck rolled into the north ditch and landed on its roof.

A private vehicle transported Williams to Russell Regional Medical Center.

She was properly restrained at the time of the accident, according to the KHP.

FHSU’s Lopez named MIAA women’s Co-Field Athlete of the Week

FHSU Athletics

KANSAS CITY, Mo. – Fort Hays State javelin thrower Estefania Lopez was named the MIAA Women’s Co-Field Athlete of the Week on Monday for her efforts at the Friends University Spring Open this past Friday.

Lopez won the javelin with a throw of 166 feet, 1 inch to win the event and post the nation’s top mark in NCAA Division II this young outdoor season. She was the national leader for a good portion of last year as well. Both her and Madison Wolf (161 feet, 6 inches) threw automatic qualifying marks at the event, placing them both in the top three nationally. Both qualified automatically for the NCAA Outdoor Championships with their efforts.

Lopez shares the Field Athlete of the Week honors this week with Victoria Jackson of Central Missouri. Jackson won the heptathlon at the Arkansas Spring Invitational. She scored 4,986 points, and provisionally qualified for nationals. Her score currently is number one in the country.

Accident at Eighth and Elm blocks traffic entering FHSU campus Monday

By JAMES BELL
Hays Post

At around 1:15 p.m Monday, Hays Police and Fire Departments, along with Ellis County Emergency Medical Services, responded to a multi-vehicle injury accident on 800 block of Elm.

As traffic slowed on Elm approaching the Eighth Street intersection from the north, a late-model sport utility vehicle reportedly was struck from behind by a late-model Toyota coupe. That vehicle was also struck from behind by a late-model Ford Mustang.

The intersection is a major entry point for Fort Hays State University and traffic on Eighth was backed up for blocks to the east as students and employees were attempting to enter the campus around the blocked section of Elm.

Traffic was being directed off of Elm from Eighth to 10th streets as responders worked to clean up the scene and investigate.

The cause of the accident remains under investigation.

Juvenile arrested, Smith Center schools shut down after bomb threat UPDATE

bomb_threat

SMITH COUNTY- Smith Center High School was completely searched on Monday afternoon with the assistance of special canine units from the Highway Patrol who were dispatched to Smith Center from Topeka, Scott City and Salina, according to the Smith County Sheriff’s office.

Students and staff were evacuated following Monday morning’s communicated bomb threat and an arrest was made.

Just after 3p.m., the school grounds were returned to the authority of the USD#237 administration, according to a report from Sharon Wolters, Smith County Public Information Officer.

Individuals with questions about entering the high school were advised to contact the school directly.

A juvenile suspect remains in custody, according to the Sheriff’s Department. They are expected to release additional details on the threat and arrest.

————

SMITH COUNTY – Students were evacuated from schools in Smith Center on Monday after a communicated bomb threat, according to Sharon Wolters, the Smith County Public Information officer.

A suspect is in custody while local police, sheriff’s deputies, officers from the Kansas Highway Patrol and Kansas Department of Wildlife and Parks reported to the school.

Just after 10:30 a.m., students were sent to the courthouse and VFW for parents to pick them up.

Dogs trained to find explosives were on the way to help law enforcement, according to Wolters.

By early afternoon, law enforcement authorities returned control of the elementary school to USD 237 officials. The high school remained locked down.

Additional details on the incident and the arrest are expected from the sheriff’s department

Ellis named to NABC All-America team

Kansas Athletics

KANSAS CITY, Mo. – Kansas men’s basketball senior Perry Ellis was named to the National Association of Basketball Coaches (NABC) All-America Second Team, the NABC announced Monday

Selected and voted on by member coaches of the NABC, Ellis was among the 15 student-athletes named to the first, second and third NABC All-America teams. 

Ellis scored 20 or more points in three of his final four games and seven of his last nine contests. The Wichita product led Kansas in scoring at 16.9 ppg and was second in rebounding at 5.9 rpg. Ellis posted 16 games or 20 or more points this season and averaged 17.7 points and 5.8 rebounds during Big 12 play. His 16.9 points per game rank third in the Big 12 and Ellis also is among the league leaders in field goal percentage (fourth at 53.1), free throw percentage (eighth at 73.5) and rebounds (11th). 

Ellis ended his career No. 8 on the Kansas career scoring list with 1,798 points and No. 12 on the KU career rebounding list at 834. His 16 career double-doubles tied for 13th all-time in Kansas history. Ellis is only the fifth player in KU history to rank in the top 12 in both scoring and rebounding, joining Danny Manning (2,951 points/1,187 rebounds), Nick Collison (2,097 / 1,143), Raef LaFrentz (2,066 / 1,186) and Clyde Lovellette (1,979 / 839).  

Kansas ended its season with a 33-5 record. The victories marked the ninth time in school history the Jayhawks have won 33 or more games, including five seasons under head coach Bill Self. KU won the Big 12 regular-season title posting a 15-3 league record. Included in Kansas’ successes this season were the Maui Invitational title, its 12th-straight, 16th Big 12 and NCAA-leading 59th overall conference regular-season championship, the Big 12 Postseason Championship title and its 21st NCAA Championship Elite Eight appearance. Additionally, last summer KU represented the United States and won the gold medal at the 2015 World University Games in Korea posting an 8-0 record. 

2016 NABC COACHES’ DIVISION I ALL-AMERICA TEAMS

First Team
Malcolm Brogdon, Virginia, 6-5, 215, Senior, Guard, Atlanta, Ga.
Buddy Hield, Oklahoma, 6-4, 214, Senior, Guard, Freeport, Bahamas
Brice Johnson, North Carolina, 6-9, 228, Senior, Forward, Orangeburg, SC
Ben Simmons, LSU, 6-10, 240, Freshman, Forward, Melbourne, Victoria, Australia
Denzel Valentine, Michigan State, 6-5, 220, Senior, Guard, Lansing, Mich. 

Second Team
Kris Dunn, Providence, 6-4, 220, Junior, Guard, New London, Conn.
PERRY ELLIS, KANSAS, Kansas, 6-8, 225, Senior, Forward, Wichita Heights, Kan.
Georges Niang, Iowa State, 6-8, 230, Senior, Methuen, Mass.
Jakob Poeltl, Utah, 7-0, 248, Sophomore, Forward, Vienna, Austria
Tyler Ulis, Kentucky, 5-9, 160, Sophomore, Guard, Chicago, Ill. 

Third Team
Grayson Allen, Duke, 6-5, 205, Sophomore, Guard, Jacksonville, Fla.
Kay Felder, Oakland, 5-9, 176, Junior, Guard, Detroit, Mich.
Kevin Yogi Ferrell, Indiana, 6-0, 180, Senior, Guard, Indianapolis, Ind.
Josh Hart, Villanova, 6-0, 205, Junior, Guard, Silver Spring, Md.
Jarrod Uthoff, Iowa, 6-9, 221, Senior, Forward, Cedar Rapids, Iowa

Chiefs’ Husain Abdullah announces retirement

KC Chiefs-Abdullah mugKANSAS CITY, Mo. (AP) – Chiefs safety Husain Abdullah announced his retirement after seven seasons on Monday, adding his name to the growing list of players who have walked away from the NFL because of health concerns.

Husain said on Instagram that he sustained his fifth concussion this past season, which sidelined him for five weeks. He said there were many factors in his decision with “personal health being foremost.”

Abdullah joined the NFL as an undrafted free agent out of Washington State, and spent four productive seasons with the Minnesota Vikings. He walked away in his prime to make a pilgrimage to Mecca, then returned after one season to earn a roster spot with the Chiefs.

He proved to be a dependable safety for Kansas City the past three seasons.

Police: Body of man found in a Kansas creek

Police on the scene of a body found in a creek on Monday in Shawnee County- photo courtesy WIBW TV
Police on the scene of a body found in a creek on Monday in Shawnee County- photo courtesy WIBW TV

SHAWNEE COUNTY -Law enforcement authorities in Shawnee County are investigating a body found in a creek.

Just before 10a.m., a citizen reported to police a body in Shunga Creek near 21st and Lakewood, according to a media release from Topeka Police.

The body of the male victim was transported to the Corner’s Office for an autopsy to determine the cause of death.

Father Henry F. Hildebrandt

Father Henry F. Hildebrandt, pastor of Sacred Heart Parish, Ness City, and St. Aloysius Parish, Ransom, died March 26, 2016. He was 61 years old.

Henry Hildebrandt was born March 26, 1955 in Grove City, Pa., the son of Henry Ford Hildebrandt, Sr., and Dolores Dorothy Buehler. Before studying for the priesthood, he served as pastoral minister at Sacred Heart Parish, Pratt (1976 to 1983). He took seminary studies at the University of Dallas (Holy Trinity Seminary) in Irving, Texas, and Pontifical College Josephinum, Columbus, Ohio.

He was ordained to the priesthood on June 20, 1987, by Bishop Stanley G. Schlarman at Sacred Heart Church, Pratt. He served as an associate pastor at St. Rose of Lima, Great Bend (1987-1990), before receiving his first pastorate at St. Anthony of Padua, Liberal (1990 – 2001).

During this assignment he also served in the following diocesan positions: Director of Vocations and Director of Seminarians; Director of Pastoral Ministry Formation and the ITV Network; and Chair of the Building Commission. His pastoral assignments following his tenure at Liberal included: St. Lawrence, Jetmore, with St. Anthony, Hanston (2001 – 2004), with additional responsibility for St. John the Baptist, Spearville (2003 – 2004). He had served as pastor of the parishes at Ness City and Ransom since July 1, 2004. He was a strong advocate of Catholic education and made known his desire for assignments in parishes with schools.

Father Hildebrandt received a Papal mandate by Pope Francis in 2016 designating him a Missionary of Mercy during the Extraordinary Jubilee of Mercy. In this capacity he was to be a visible symbol of the Father’s mercy and a living sign of the Father’s loving kindness.

A parish rosary will be held Thursday, March 31 at 6:30 p.m., with vigil to follow at 7 p.m. The Mass of Christian Burial will be celebrated Friday, April 1, at 11 a.m. with the Most Rev. Ronald M. Gilmore, bishop emeritus of the Diocese of Dodge City, presiding. All held in Sacred Heart Church, Ness City. Burial in the Sacred Heart Cemetery.

Memorial contributions in the name of Father Hildebrandt can be made to the Dechant Foundation and Sacred Heart School, Ness City, in care of Fitzgerald Funeral Home, Ness City, Kansas.

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