TOPEKA – Kansas Attorney General Derek Schmidt today asked the state Supreme Court to put on hold recent decisions that declare state DUI-related statutes unconstitutional until the U.S. Supreme Court decides a similar case later this spring.

In a series of four cases announced last Friday, the Kansas Supreme Court overturned state statutes related to DUI, most notably a statute making it a crime for a person suspected of DUI to refuse to submit to a breath test to determine blood-alcohol levels. The state court held that the statute as currently written violates constitutional rights. The Kansas cases are State v. Ryce, State v. Nece, State v. Wilson and State v. Wycoff.

But the U.S. Supreme Court already has agreed to hear cases from other states that present similar constitutional questions. Those cases, known together as Birchfield v. North Dakota, are scheduled for argument later this spring with a decision expected by the end of June.

“The final word on the meaning of the U.S. Constitution rests with the U.S. Supreme Court,” Schmidt said. “In this case, that final word is near, so it makes sense to put the Kansas decisions on hold until the definitive interpretation of the U.S. Constitution is settled in less than four months and the Kansas court’s interpretation likely is either confirmed or called into question.”

Schmidt today filed motions asking the Kansas Supreme Court to delay formally issuing its decisions, which were announced last Friday, pending the outcome of the federal case. Schmidt acknowledged the request is unusual but argued it is a reasonable approach given the timing of the state and federal cases. He noted that if the Kansas court declines to voluntarily delay its decisions, the state has the option of filing a formal appeal with the U.S. Supreme Court, and under Kansas law that filing would automatically delay the Kansas decisions.

“This less-formal approach appears to be beneficial to everybody involved by minimizing the use of everybody’s resources while waiting for what may be a definitive answer from the U.S. Supreme Court,” Schmidt said. “Of course, because the Kansas case is not before it, there is no guarantee the U.S. Supreme Court’s decision in Birchfield will squarely resolve the Kansas matter. But that does appear to be a reasonably likely outcome.”

FINNEY –Two people were injured in an accident just before 6p.m. on Friday in Finney County.

The Kansas Highway Patrol reported a 2003 Pontiac Vibe driven by Jack O. Bruns, 85, Garden City was southbound on business U.S. 83.

The driver failed to yield at the stop sign at the US 83 Intersection and struck a 2011 Dodge Ram pickup driven by Yvette Rivera, 23, Garden City, which was southbound on US 83/

Bruns and a passenger Cramer Bruns, Donna Jean Cramer Bruns, 85, Garden City, were transported to St. Catherine’s Hospital.

Rivera and four passengers the Dodge were not injured. All were properly restrained at the time of the accident, according to the KHP

KANSAS CITY, Mo. (AP) — A Kansas City man pleaded guilty to a failed attempt to firebomb an office for U.S. Rep. Emanuel Cleaver.

Eric G. King admitted Thursday that he threw two Molotov cocktails at the building in midtown Kansas City on Sept. 11, 2014. One device didn’t go inside the building and the second did no damage.

Cleaver was in Washington and no staff members were in the building at the time.

King pleaded guilty in federal court to using an incendiary device to commit arson. He faces a minimum sentence of 10 years in federal prison.

Prosecutors say King had expressed anarchist beliefs on social media and was a potential suspect in other anti-government vandalism in the city.

King’s sentencing has not been scheduled.

REPUBLIC COUNTY – One person was injured in an accident just before 3p.m. on Friday in Republic County.

The Kansas Highway Patrol reported 2006 Kenworth semi driven by Aponte Yampyer, 31, Miami, FL., was north bound on K139 just north of Cuba.

The truck drifted into the ditch and over turned.

Yampyer was transported to the Republic County Hospital in Belleville.

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

By ALLISON KITE

 

Despite some privacy concerns, a bill that would require adult care facilities to allow residents to install video cameras in their rooms found support in the Senate Public Health and Welfare Committee.

Advocates say the measure would help keep residents and their property safe. Senate Bill 456 would require adult care facilities in the state to allow residents or their guardians to set up electronic monitoring systems in the residents’ rooms with a few caveats. The resident or guardian would be responsible for all purchase and setup costs associated with the device.

Notice of the recording device would have to be placed at the door of the room, and the resident or guardian would be civilly liable for any violation of another person’s privacy rights.

Any roommate of the resident would have to consent to the monitoring.

According to the Pew Charitable Trusts, New Mexico, Oklahoma, Texas and Washington have passed bills regarding electronic monitoring. Maryland has a law allowing residents to place cameras with the facility’s permission. A similar law took effect in January in Illinois.

Janie Carney, a Wichita resident who testified in support of the bill, said she spoke on behalf of those who couldn’t speak for themselves, including a loved one named Frank with memory issues whom she helped sign into a care facility.

She said she asked to set up a camera when she signed Frank into the Wichita facility. The request was denied on the grounds of privacy of other residents.

She said Frank did not get adequate attention from staff, even though she spent thousands of dollars a month on his care. “When I would walk into Frank’s room in the morning and see how it had been methodically disassembled throughout the night, sometimes with things broken, my mind could only imagine how long he had been left all alone, in a state of frightful confusion,” she said.

She said she knew of other residents with injuries that were undiscovered for hours because no one had been by to check on them patient.

A monitoring system, she said, would ensure the quality care she was promised. Opponents had some concerns about specific language in the bill but said they supported its premise. One concern was the cost.

Mitzi McFatrich, who testified against the bill on behalf of Kansas Advocates for Better Care, said the cost of equipment would be out of reach for the 10,000 people whose nursing home care is covered through Medicaid. She also had concerns about a portion of the bill that makes the resident or guardian civilly liable for violating others’ privacy rights, saying it was too broad and could include members of the staff or vendors.

The bill also didn’t outline a penalty for destroying the device, which she said is a felony in another state with an electronic monitoring law.

Rachel Monger, director of government affairs for LeadingAge Kansas, the state association for not-for-profit aging services, said the bill didn’t go as far as the Texas law on which it was based. She encouraged provisions for safe installation and making sure the facility doesn’t play “musical chairs” to find roommates who consent to monitoring.

Monger said the bill also should require those monitoring the room to report any abuse they saw. Failure to do so would be a misdemeanor, she said. Barbara Hickert, with the Kansas Long-Term Care Ombudsman Program, took issue in written testimony with the requirement to post notice of a camera outside a resident’s room.

Knowledge of whether the room had a camera, her testimony said, would leave residents without monitoring devices vulnerable to abuse. According to her testimony, the bill also should require a physician’s determination that residents can’t make the decision themselves before allowing guardians to begin monitoring the room.

The bill awaits further action by the committee.

Allison Kite is a reporter for KHI news service 

SEWARD COUNTY- Law enforcement authorities in Seward County are asking for help to find a wanted suspect.

Liberal Police reported they are looking for Lucio Ralios-Juarez, 29, AKA Gustavo Calderon on 3 counts of alleged rape, according to a social media report.

Any person that might have information regarding this the suspect is encouraged to call the Liberal Police Department at (620)626-0150 or the Crime Hotline at (620)624-4000.

Police also reported that individuals providing information leading to his arrest are eligible for a reward.

TOPEKA -Governor Sam Brownback Friday signed House Substitute for Senate Bill 161, the budget bill, according to a media release.

The budget reduces overall spending while also addressing several key areas, including increased pay for officers in the Department of Corrections and Kansas Bureau of Investigation, and provides the funding called for in the Governor’s State of the State Address to enhance the safety of Kansas National Guard recruiters.

“I want to thank every member of the Kansas Legislature for their hard work in passing this budget quickly,” said Governor Brownback. “I look forward to working with the legislature in the coming weeks as we focus on managing spending and growing the Kansas economy.”

Pursuant to Article 2, Section 14 of the Constitution of the State of Kansas, the Governor returned House Substitute for Senate Bill 161 with the following line item vetoes:

Department of Commerce, STAR bonds
Vetoed language that would bar any consideration or approval of STAR bond projects in Wyandotte County until Fiscal Year 2018. The Secretary of Commerce is working with legislators to enact important reforms to the program. However, there is no precedent for prohibiting them in a single county while they remain available everywhere else.

Kansas Department for Aging and Disability Services, mental health screenings
Vetoed Section 48(o) in its entirety. While the Governor supports these screenings, the federal government’s Center for Medicare and Medicaid Services (CMS) has threatened to reduce federal funding to Kansas by millions of dollars if we continue this policy. Our discussions with CMS will continue throughout this month and the Governor likely will revisit the issue with the legislature when further clarification has been received.
The Governor has now signed five bills into law this session and vetoed one.

Click here to read the Governor’s veto message..

FINNEY COUNTY- Law enforcement authorities in Finney County are investigating a teen suspect after he tried to run from police following a traffic stop.

Just before 4 am on Friday, officers of the Garden City Police Department attempted to stop a traffic violator for speeding, according to a media release.

The vehicle pulled to the side of the road and stopped in the 300 block of East Hackberry Street.

As the Officer approached the vehicle the driver put the vehicle in gear and fled the scene.

The officer returned to his patrol vehicle and initiated a vehicle pursuit to the 300 block of Fleming Street where the driver stopped the vehicle and fled on foot into the residence of 309 Fleming St #1.

Officers located the driver hiding in a bedroom and arrested him without incident.

Angel Rueda, 19, Garden City, was arrested and is being held in the Finney County Jail and could face the possible charges of: Fleeing and Eluding,
Interference with a Law Enforcement Officer, Driving Under the Influence of Alcohol (2nd Offense) Transportation of an Open Container of Alcohol Reckless Driving
Minor in Consumption of Alcohol, and Other Traffic Charges

There were no injuries or property damage in this incident, according to police.

GREAT BEND – Despite earlier reports, the Kansas Bureau of Investigation is not going to investigate the alleged assault on a USD 428 school bus, according to a media release.

The KBI notified the Barton County Sheriff’s Office that the Bureau had declined participation in the investigation into an alleged battery that occurred February 6.

In a letter dated March 3, the KBI cited excessive caseload due to the tragic Hesston shooting incident, as well as a substantial current caseload.

A battery case reported to the Barton County Sheriff’s Office and the Great Bend Police Department on February 6, was initially believed to have occurred in Saline County.

The incident, involving the school swim team on the way home from Salina, may have occurred in Barton County, according to the Saline County Sheriff.

The Barton County Sheriff’s Office will reopen the investigation.

MANHATTAN – A Kansas man appeared in Riley County Court on Friday for a preliminary hearing in connection with a fatal pickup crash.

Joshua Mall, 39, Riley, was charged with 2nd-degree murder, reckless homicide under the circumstances that show indifference to human life, and the alternate charge of Involuntary Manslaughter DUI, according to Riley County Attorney Barry Disney.

On the night of October 5, 2015, Mall was the driver of a 2001 Ford Ranger traveling in the 2400 Block of Tuttle Creek Boulevard. He lost control of the vehicle at Northfield Road and collided with a 2013 Chevy Cruz.

Immediately following the initial impact the Ford left the roadway and collided with a tree.

A child in the Ford, Madilyn Mall, 6, Riley, was transported to Via Christi where she died.

According to testimony, officers found marijuana and half of a bottle of Kentucky Deluxe whiskey in the pickup.

Several glass bottles were also noted to be found in the vehicle at the crash site.

An officer with Riley County police also testified that the passenger airbag was disengaged at the time of the accident.